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Revised
Penal Code (Book 2):

BOOK TWO
Crimes and Penalties
TITLE ONE

Crimes
Against National Security and the Law of the Nations
CHAPTER ONE

Crimes
Against National Security

SECTION
1

Treason
and espionage

ARTICLE
114. Treason. — Any Filipino citizen who levies war against
the Philippines or adheres to her enemies, giving them aid or comfort
within the Philippines or elsewhere, shall be punished by reclusion
perpetua to death and shall pay a fine not to exceed P100,000 pesos.

No
person shall be convicted of treason unless on the testimony of
two witnesses at least to the same overt act or on confession of
the accused in open court.

Likewise,
an alien, residing in the Philippines, who commits acts of treason
as defined in paragraph 1 of this Article shall be punished by reclusion
temporal to death and shall pay a fine not to exceed P100,000 pesos.
(As amended by E.O. No. 44, May 31, 1945 and Republic Act No. 7659.)

ARTICLE
115. Conspiracy and proposal to commit treason — Penalty.
— The conspiracy or proposal to commit the crime of treason
shall be punished respectively, by prision mayor and a fine not
exceeding P10,000 pesos, and prision correccional and a fine not
exceeding P5,000 pesos.

ARTICLE
116. Misprision of treason. — Every person owing allegiance
to (the United States) the Government of the Philippine Islands,
without being a foreigner, and having knowledge of any conspiracy
against them, who conceals or does not disclose and make known the
same, as soon as possible to the governor or fiscal of the province,
or the mayor or fiscal of the city in which he resides, as the case
may be, shall be punished as an accessory to the crime of treason.

ARTICLE
117. Espionage. — The penalty of prision correccional shall
be inflicted upon any person who:

1.
Without authority therefor, enters a warship, fort, or naval or
military establishment or reservation to obtain any information,
plans, photographs, or other data of a confidential nature relative
to the defense of the Philippine Archipelago; or

2.
Being in possession, by reason of the public office he holds, of
the articles, data, or information referred to in the preceding
paragraph, discloses their contents to a representative of a foreign
nation.

The
penalty next higher in degree shall be imposed if the offender be
a public officer or employee.

SECTION
2
Provoking war and disloyalty in case of war

ARTICLE
118. Inciting to war or giving motives for reprisals. — The
penalty of reclusion temporal shall be imposed upon any public officer
or employee, and that of prision mayor upon any private individual,
who, by unlawful or unauthorized acts provokes or gives occasion
for a war involving or liable to involve the Philippine Islands
or exposes Filipino citizens to reprisals on their persons or property.

ARTICLE
119. Violation of neutrality. — The penalty of prision correccional
shall be inflicted upon anyone who, on the occasion of a war in
which the Government is not involved, violates any regulation issued
by competent authority for the purpose of enforcing neutrality.

ARTICLE
120. Correspondence with hostile country. — Any person who
in time of war, shall have correspondence with an enemy country
or territory occupied by enemy troops shall be punished:

1.
By prision correccional, if the correspondence has been prohibited
by the Government;

2.
By prision mayor, if such correspondence be carried on in ciphers
or conventional signs; and

3.
By reclusion temporal, if notice or information be given thereby
which might be useful to the enemy. If the offender intended to
aid the enemy by giving such notice or information, he shall suffer
the penalty of reclusion temporal to death.

ARTICLE
121. Flight to enemy's country. — The penalty of arresto mayor
shall be inflicted upon any person who, owing allegiance to the
Government, attempts to flee or go to an enemy country when prohibited
by competent authority.

SECTION
3
Piracy and mutiny on the high seas or in Philippine Waters

ARTICLE
122. Piracy in general and mutiny on the high seas or in Philippine
waters. — The penalty of reclusion perpetua shall be inflicted
upon any person who, on the high seas, or in Philippine waters,
shall attack or seize a vessel or, not being a member of its complement
nor a passenger, shall seize the whole or part of the cargo of said
vessel, its equipment, or personal belongings of its complement
or passengers.

The
same penalty shall be inflicted in case of mutiny on the high seas
or in Philippine waters. (As amended by Sec. 3, Republic Act No.
7659.)

ARTICLE
123. Qualified piracy. — The penalty of reclusion perpetua
to death shall be imposed upon those who commit any of the crimes
referred to in the preceding article, under any of the following
circumstances:

1.
Whenever they have seized a vessel by boarding or firing upon the
same;

2.
Whenever the pirates have abandoned their victims without means
of saving themselves;

TITLE
TWO
Crimes Against the Fundamental Laws of the State
CHAPTER ONE
Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition,
Interruption, and Dissolution of Peaceful Meetings and Crimes Against
Religious Worship

1.
The penalty of arresto mayor in its maximum period to prision correccional
in its minimum period, if the detention has not exceeded three days;

2.
The penalty of prision correccional in its medium and maximum periods,
if the detention has continued more than three but not more than
fifteen days;

3.
The penalty of prision mayor, if the detention has continued for
more than fifteen days but not more than six months; and

4.
That of reclusion temporal, if the detention shall have exceeded
six months.
The commission of a crime, or violent insanity or any other ailment
requiring the compulsory confinement of the patient in a hospital,
shall be considered legal grounds for the detention of any person.

ARTICLE
125. Delay in the delivery of detained persons to the proper judicial
authorities. — The penalties provided in the next preceding
article shall be imposed upon the public officer or employee who
shall detain any person for some legal ground and shall fail to
deliver such person to the proper judicial authorities within the
period of: twelve (12) hours, for crimes or offenses punishable
by light penalties, or their equivalent; eighteen (18) hours, for
crimes or offenses punishable by correctional penalties, or their
equivalent; and thirty-six (36) hours, for crimes or offenses punishable
by afflictive or capital penalties, or their equivalent.

In
every case, the person detained shall be informed of the cause of
his detention and shall be allowed upon his request, to communicate
and confer at any time with his attorney or counsel.(As amended
by EO No. 272, prom. July 25, 1987.)

ARTICLE
126. Delaying release. — The penalties provided for in article
124 shall be imposed upon any public officer or employee who delays
for the period of time specified therein the performance of any
judicial or executive order for the release of a prisoner or detention
prisoner, or unduly delays the service of the notice of such order
to said prisoner or the proceedings upon any petition for the liberation
of such person.

ARTICLE
127. Expulsion. — The penalty of prision correccional shall
be imposed upon any public officer or employee who, not being thereunto
authorized by law, shall expel any person from the Philippine Islands
or shall compel such person to change his residence.

SECTION
2
Violation of domicile

ARTICLE
128. Violation of domicile. — The penalty of prision correccional
in its minimum period shall be imposed upon any public officer or
employee who, not being authorized by judicial order, shall enter
any dwelling against the will of the owner thereof, search papers
or other effects found therein without the previous consent of such
owner, or having surreptitiously entered said dwelling, and being
required to leave the premises, shall refuse to do so.

If
the offense be committed in the nighttime, or if any papers or effects
not constituting evidence of a crime be not returned immediately
after the search made by the offender, the penalty shall be prision
correccional in its medium and maximum periods.
ARTICLE 129. Search warrants maliciously obtained and abuse in the
service of those legally obtained. — In addition to the liability
attaching to the offender for the commission of any other offense,
the penalty of arresto mayor in its maximum period to prision correccional
in its minimum period and a fine not exceeding 1,000 pesos shall
be imposed upon any public officer or employee who shall procure
a search warrant without just cause, or, having legally procured
the same, shall exceed his authority or use unnecessary severity
in executing the same.

ARTICLE
130. Searching domicile without witnesses. — The penalty of
arresto mayor in its medium and maximum periods shall be imposed
upon a public officer or employee who, in cases where a search is
proper, shall search the domicile, papers or other belongings of
any person, in the absence of the latter, any member of his family,
or in their default, without the presence of two witnesses residing
in the same locality.

ARTICLE
131. Prohibition, interruption, and dissolution of peaceful meetings.
— The penalty of prision correccional in its minimum period
shall be imposed upon any public officer or employee who, without
legal ground, shall prohibit or interrupt the holding of a peaceful
meeting, or shall dissolve the same.

The
same penalty shall be imposed upon a public officer or employee
who shall hinder any person from joining any lawful association
or from attending any of its meetings.

The
same penalty shall be imposed upon any public officer or employee
who shall prohibit or hinder any person from addressing, either
alone or together with others, any petition to the authorities for
the correction of abuses or redress of grievances.

SECTION
4
Crimes against religious worship

ARTICLE
132. Interruption of religious worship. — The penalty of prision
correccional in its minimum period shall be imposed upon any public
officer or employee who shall prevent or disturb the ceremonies
or manifestations of any religion.

If
the crime shall have been committed with violence or threats, the
penalty shall be prision correccional in its medium and maximum
periods.

ARTICLE
133. Offending the religious feelings. — The penalty of arresto
mayor in its maximum period to prision correccional in its minimum
period shall be imposed upon anyone who, in a place devoted to religious
worship or during the celebration of any religious ceremony shall
perform acts notoriously offensive to the feelings of the faithful.

TITLE
THREE
Crimes Against Public Order
CHAPTER ONE
Rebellion, Sedition, and Disloyalty

ARTICLE
134. Rebellion or insurrection — How committed. — The
crime of rebellion or insurrection is committed by rising publicly
and taking arms against the Government for the purpose of removing
from the allegiance to said Government or its laws, the territory
of the Republic of the Philippines or any part thereof, of any body
of land, naval or other armed forces, or depriving the Chief Executive
or the Legislature, wholly or partially, of any of their powers
or prerogatives. (As amended by Republic Act No. 6968, O.G. 52,
p. 9864 [1990].)

Article
134-A. Coup d'etat. — How committed. — The crime of
coup d'etat is a swift attack accompanied by violence, intimidation,
threat, strategy or stealth, directed against duly constituted authorities
of the Republic of the Philippines, or any military camp or installation,
communications network, public utilities or other facilities needed
for the exercise and continued possession of power, singly or simultaneously
carried out anywhere in the Philippines by any person or persons,
belonging to the military or police or holding any public office
of employment, with or without civilian support or participation
for the purpose of seizing or diminishing state power. (As added
by Republic Act No. 6968, 86 O.G. 52, p. 9864 [1990]).)

ARTICLE
135. Penalty for rebellion, insurrection or coup d'etat. —
Any person who promotes, maintains or heads a rebellion or insurrection
shall suffer the penalty of reclusion perpetua.

Any
person merely participating or executing the commands of others
in a rebellion or insurrection shall suffer the penalty of reclusion
temporal.

Any
person who leads or in any manner directs or commands others to
undertake a coup d'etat shall suffer the penalty of reclusion perpetua.

Any
person in the government service who participates, or executes directions
or commands of others in undertaking a coup d'etat shall suffer
the penalty of reclusion temporal in its maximum period.

Any
person not in the government service who participates, or in any
manner supports, finances, abets or aids in undertaking a coup d'etat
shall suffer the penalty of prision mayor in its maximum period.

When
the rebellion, insurrection, or coup d'etat shall be under the command
of unknown leaders, any person who in fact directed the others,
spoke for them, signed receipts and other documents issued in their
name, as performed similar acts, on behalf of the rebels shall be
deemed a leader of such rebellion, insurrection, or coup d'etat.
(As amended by Republic Act No. 6968, approved on October 24, 1990)

ARTICLE
136. Conspiracy and proposal to commit coup d'etat, rebellion or
insurrection. — The conspiracy and proposal to commit coup
d'etat shall be punished by prision mayor in its minimum period
and a fine which shall not exceed eight thousand pesos (P8,000.00).

The
conspiracy and proposal to commit rebellion or insurrection shall
be punished, respectively, by prision correccional in its maximum
period and a fine which shall not exceed five thousand pesos (P5,000.00),
and by prision correccional in its medium period and a fine not
exceeding two thousand pesos (P2,000.00). (As amended by Republic
Act No. 6968, approved October 24, 1990).

ARTICLE
137. Disloyalty of public officers or employees. — The penalty
of prision correccional in its minimum period shall be imposed upon
public officers or employees who have failed to resist a rebellion
by all the means in their power, or shall continue to discharge
the duties of their offices under the control of the rebels or shall
accept appointment to office under them. (Restored by E.O. No. 187)

ARTICLE
138. Inciting to rebellion or insurrection. — The penalty
of prision mayor in its minimum period shall be imposed upon any
person who, without taking arms or being in open hostility against
the Government, shall incite others to the execution of any of the
acts specified in article 134 of this Code, by means of speeches,
proclamations, writings, emblems, banners or other representations
tending to the same end. (As reinstated by E.O. No. 187.)

ARTICLE
139. Sedition — How committed. — The crime of sedition
is committed by persons who rise publicly and tumultuously in order
to attain by force, intimidation, or by other means outside of legal
methods, any of the following objects:

1.
To prevent the promulgation or execution of any law or the holding
of any popular election;

2.
To prevent the National Government, or any provincial or municipal
government, or any public officer thereof from freely exercising
its or his functions, or prevent the execution of any administrative
order;

3.
To inflict any act of hate or revenge upon the person or property
of any public officer or employee;

4.
To commit, for any political or social end, any act of hate or revenge
against private persons or any social class; and

5.
To despoil, for any political or social end, any person, municipality
or province, or the National Government (or the Government of the
United States), of all its property or any part thereof.(As amended
by Com. Act No.202.)

ARTICLE
140. Penalty for sedition. — The leader of a sedition shall
suffer the penalty of prision mayor in its minimum period and a
fine not exceeding 10,000 pesos.

Other
persons participating therein shall suffer the penalty of prision
correccional in its maximum period and a fine not exceeding 5,000
pesos. (Restored by E.O. No. 187.)

ARTICLE
141. Conspiracy to commit sedition. — Persons conspiring to
commit the crime of sedition shall be punished by prision correccional
in its medium period and a fine not exceeding 2,000 pesos. (Restored
by E.O. No. 187.)

ARTICLE
142. Inciting to sedition. — The penalty of prision correccional
in its maximum period and a fine not exceeding 2,000 pesos shall
be imposed upon any person who, without taking any direct part in
the crime of sedition, should incite others to the accomplishment
of any of the acts which constitute sedition, by means of speeches,
proclamations, writings, emblems, cartoons, banners, or other representations
tending to the same end, or upon any person or persons who shall
utter seditious words or speeches, write, publish, or circulate
scurrilous libels against the Government (of the United States or
the Government of the Commonwealth) of the Philippines, or any of
the duly constituted authorities thereof, or which tend to disturb
or obstruct any lawful officer in executing the functions of his
office, or which tend to instigate others to cabal and meet together
for unlawful purposes, or which suggest or incite rebellious conspiracies
or riots, or which lead or tend to stir up the people against the
lawful authorities or to disturb the peace of the community, the
safety and order of the Government, or who shall knowingly conceal
such evil practices. (As amended by Com. Act No. 202.)

CHAPTER
TWO
Crimes Against Popular Representation
SECTION 1
Crimes against legislative bodies and similar bodies

ARTICLE
143. Acts tending to prevent the meeting of the Assembly and similar
bodies. — The penalty of prision correccional or a fine ranging
from 200 to 2,000 pesos, or both, shall be imposed upon any person
who, by force or fraud, prevents the meeting of the National Assembly
(Congress of the Philippines) or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or
of any provincial board or city or municipal council or board. (
As amended by Com. Act No. 264) (Restored by E.O. No. 187.)

ARTICLE
144. Disturbance of proceedings. — The penalty of arresto
mayor or a fine from 200 to 1,000 pesos shall be imposed upon any
person who disturbs the meetings of the National Assembly (Congress
of the Philippines) or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or
of any provincial board or city or municipal council or board, or
in the presence of any such bodies should behave in such manner
as to interrupt its proceedings or to impair the respect due it.(As
amended by Com. Act No. 264) ( Restored by E.O. No. 187.)

SECTION
2
Violation of parliamentary immunity

ARTICLE
145. Violation of parliamentary immunity. — The penalty of
prision mayor shall be imposed upon any person who shall use force,
intimidation, threats, or fraud to prevent any member of the National
Assembly (Congress of the Philippines) from attending the meetings
of the Assembly (Congress) or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, from
expressing his opinions or casting his vote; and the penalty of
prision correccional shall be imposed upon any public officer or
employee who shall, while the Assembly (Congress) is in regular
or special session, arrest or search any member thereof, except
in case such member has committed a crime punishable under this
Code by a penalty higher than prision mayor. (As amended by Com.
Act No. 264.)

CHAPTER
THREE
Illegal Assemblies and Associations

ARTICLE 146. Illegal assemblies. — The penalty of prision
correccional in its maximum period to prision mayor in its medium
period shall be imposed upon the organizers or leaders of any meeting
attended by armed persons for the purpose of committing any of the
crimes punishable under this Code, or of any meeting in which the
audience is incited to the commission of the crime of treason, rebellion
or insurrection, sedition or assault upon a person in authority
or his agents. Persons merely present at such meeting shall suffer
the penalty of arresto mayor, unless they are armed, in which case
the penalty shall be prision correccional.

If
any person present at the meeting carries an unlicensed firearm,
it shall be presumed that the purpose of said meeting, insofar as
he is concerned, is to commit acts punishable under this Code, and
he shall be considered a leader or organizer of the meeting within
the purview of the preceding paragraph.

As
used in this article, the word "meeting" shall be understood
to include a gathering or group, whether in a fixed place or moving.(As
amended by Republic Act No. 12, approved Sept. 5, 1946.) (Restored
by EO No. 187.)

ARTICLE
147. Illegal associations. — The penalty of prision correccional
in its minimum and medium periods and a fine not exceeding 1,000
pesos shall be imposed upon the founders, directors, and presidents
of associations totally or partially organized for the purpose of
committing any of the crimes punishable under this Code or for some
purpose contrary to public morals. Mere members of said associations
shall suffer the penalty of arresto mayor. (Restored by E.O. No.
187.)

CHAPTER
FOUR
Assault Upon, and Resistance and Disobedience to Persons in Authority
and Their Agents

ARTICLE
148. Direct assaults. — Any person or persons who, without
a public uprising, shall employ force or intimidation for the attainment
of any of the purposes enumerated in defining the crimes of rebellion
and sedition, or shall attack, employ force, or seriously intimidate
or resist any person in authority or any of his agents, while engaged
in the performance of official duties, or on occasion of such performance,
shall suffer the penalty of prision correccional in its medium and
maximum periods and a fine not exceeding 1,000 pesos, when the assault
is committed with a weapon or when the offender is a public officer
or employee, or when the offender lays hands upon a person in authority.
If none of these circumstances be present, the penalty of prision
correccional in its minimum period and a fine not exceeding 500
pesos shall be imposed.

ARTICLE
149. Indirect assaults. — The penalty of prision correccional
in its minimum and medium periods and a fine not exceeding 500 pesos
shall be imposed upon any person who shall make use of force or
intimidation upon any person coming to the aids of the authorities
or their agents on occasion of the commission of any of the crimes
defined in the next preceding article.

ARTICLE 150. Disobedience to summons issued by the National Assembly,
its committees or subcommittees, by the Constitutional Commissions,
its committees, subcommittees or divisions. — The penalty
of arresto mayor or a fine ranging from two hundred to one thousand
pesos, or both such fine and imprisonment, shall be imposed upon
any person who, having been duly summoned to attend as a witness
before the National Assembly, (Congress), its special or standing
committees and subcommittees, the Constitutional Commissions and
its committees, subcommittees, or divisions or before any commission
or committee chairman or member authorized to summon witnesses,
refuses, without legal excuse, to obey such summons, or being present
before any such legislative or constitutional body or official,
refuses to be sworn or placed under affirmation or to answer any
legal inquiry or to produce any books, papers, documents, or records
in his possession, when required by them to do so in the exercise
of their functions. The same penalty shall be imposed upon any person
who shall restrain another from attending as a witness, or who shall
induce disobedience to a summon or refusal to be sworn by any such
body or official.(As amended by Com. Act No. 52.)

ARTICLE
151. Resistance and disobedience to a person in authority or the
agents of such person. — The penalty of arresto mayor and
a fine not exceeding 500 pesos shall be imposed upon any person
who not being included in the provisions of the preceding articles
shall resist or seriously disobey any person in authority, or the
agents of such person, while engaged in the performance of official
duties.

When
the disobedience to an agent of a person in authority is not of
a serious nature, the penalty of arresto menor or a fine ranging
from 10 to 100 pesos shall be imposed upon the offender.

ARTICLE
152. Persons in authority and agents of persons in authority —
Who shall be deemed as such. — In applying the provisions
of the preceding and other articles of this Code, any person directly
vested with jurisdiction, whether as an individual or as a member
of some court or governmental corporation, board, or commission,
shall be deemed a person in authority. A barrio captain and a barangay
chairman shall also be deemed a person in authority.

A person
who, by direct provision of law or by election or by appointment
by competent authority, is charged with the maintenance of public
order and the protection and security of life and property, such
as a barrio councilman, barrio policeman and barangay leader, and
any person who comes to the aid of persons in authority, shall be
deemed an agent of a person in authority.

In
applying the provisions of articles 148 and 151 of this Code, teachers,
professors and persons charged with the supervision of public or
duly recognized private schools, colleges and universities, and
lawyers in the actual performance of their professional duties or
on the occasion of such performance, shall be deemed persons in
authority. (As amended by Batas Pambansa Blg. 873, June 12, 1985.)

CHAPTER
FIVE
Public Disorders

ARTICLE
153. Tumults and other disturbances of public orders — Tumultuous
disturbance or interruption liable to cause disturbance. —
The penalty of arresto mayor in its medium period to prision correccional
in its minimum period and a fine not exceeding 1,000 pesos shall
be imposed upon any person who shall cause any serious disturbance
in a public place, office, or establishment, or shall interrupt
or disturb public performances, functions or gatherings, or peaceful
meetings, if the act is not included in the provisions of articles
131 and 132.

The
penalty next higher in degree shall be imposed upon persons causing
any disturbance or interruption of a tumultuous character.

The
disturbance or interruption shall be deemed to be tumultuous if
caused by more than three persons who are armed or provided with
means of violence.

The
penalty of arresto mayor shall be imposed upon any person who in
any meeting, association, or public place, shall make any outcry
tending to incite rebellion or sedition or in such place shall display
placards or emblems which provoke a disturbance of the public order.

The
penalty of arresto menor and a fine not to exceed P200 pesos shall
be imposed upon those persons who in violation of the provisions
contained in the last clause of article 85, shall bury with pomp
the body of a person who has been legally executed.

ARTICLE
154. Unlawful use of means of publication and unlawful utterances.
— The penalty of arresto mayor and a fine ranging from P200
to P1,000 pesos shall be imposed upon:

1.
Any person who by means of printing, lithography, or any other means
of publication shall publish or cause to be published as news any
false news which may endanger the public order, or cause damage
to the interest or credit of the State;

2.
Any person who by the same means, or by words, utterances or speeches,
shall encourage disobedience to the law or to the constituted authorities
or praise, justify, or extol any act punished by law;

3.
Any person who shall maliciously publish or cause to be published
any official resolution or document without proper authority, or
before they have been published officially; or

4.
Any person who shall print, publish, or distribute or cause to be
printed, published, or distributed books, pamphlets, periodicals,
or leaflets which do not bear the real printer's name, or which
are classified as anonymous.(As amended by Com. Act No. 202.)

ARTICLE
155. Alarms and scandals. — The penalty of arresto menor or
a fine not exceeding P200 pesos shall be imposed upon:

1.
Any person who within any town or public place, shall discharge
any firearm, rocket, firecracker, or other explosives calculated
to cause alarm or danger;

2.
Any person who shall instigate or take an active part in any charivari
or other disorderly meeting offensive to another or prejudicial
to public tranquility;

3.
Any person who, while wandering about at night or while engaged
in any other nocturnal amusements, shall disturb the public peace;
or

4.
Any person who, while intoxicated or otherwise, shall cause any
disturbance or scandal in public places, provided that the circumstances
of the case shall not make the provisions of article 153 applicable.

ARTICLE
156. Delivery of prisoners from jail. — The penalty of arresto
mayor in its maximum period to prision correccional in its minimum
period shall be imposed upon any person who shall remove from any
jail or penal establishment any person confined therein or shall
help the escape of such person, by means of violence, intimidation,
or bribery. If other means are used, the penalty of arresto mayor
shall be imposed.

If
the escape of the prisoner shall take place outside of said establishments
by taking the guards by surprise, the same penalties shall be imposed
in their minimum period.

CHAPTER SIX
Evasion of Service of Sentence

ARTICLE
157. Evasion of service of sentence. — The penalty of prision
correccional in its medium and maximum periods shall be imposed
upon any convict who shall evade service of his sentence by escaping
during the term of his imprisonment by reason of final judgment.
However, if such evasion or escape shall have taken place by means
of unlawful entry, by breaking doors, windows, gates, walls, roofs,
floors, or by using picklocks, false keys, disguise, deceit, violence
or intimidation, or through connivance with other convicts or employees
of the penal institution, the penalty shall be prision correccional
in its maximum period.

ARTICLE
158. Evasion of service of sentence on the occasion of disorder,
conflagrations, earthquakes, or other calamities. — A convict
who shall evade the service of his sentence, by leaving the penal
institution where he shall have been confined, on the occasion of
disorder resulting from a conflagration, earthquake, explosion,
or similar catastrophe, or during a mutiny in which he has not participated,
shall suffer an increase of one-fifth of the time still remaining
to be served under the original sentence, which in no case shall
exceed six months, if he shall fail to give himself up to the authorities
within forty-eight hours following the issuance of a proclamation
by the Chief Executive announcing the passing away of such calamity.

Convicts
who, under the circumstances mentioned in the preceding paragraph,
shall give themselves up to the authorities within the above mentioned
period of 48 hours, shall be entitled to the deduction provided
in article 98.

ARTICLE
159. Other cases of evasion of service of sentence. — The
penalty of prision correccional in its minimum period shall be imposed
upon the convict who, having been granted conditional pardon by
the Chief Executive, shall violate any of the conditions of such
pardon. However, if the penalty remitted by the granting of such
pardon be higher than six years, the convict shall then suffer the
unexpired portion of his original sentence.

CHAPTER
SEVEN
Commission of Another Crime During Service of Penalty Imposed for
Another Previous Offense

ARTICLE
160. Commission of another crime during service of penalty imposed
for another previous offense — Penalty. — Besides the
provisions of rule 5 of article 62, any person who shall commit
a felony after having been convicted by final judgment, before beginning
to serve such sentence, or while serving the same, shall be punished
by the maximum period of the penalty prescribed by law for the new
felony.

Any
convict of the class referred to in this article, who is not a habitual
criminal, shall be pardoned at the age of seventy years if he shall
have already served out his original sentence, or when he shall
complete it after reaching the said age, unless by reason of his
conduct or other circumstances he shall not be worthy of such clemency.

TITLE
FOUR
Crimes Against Public Interest
CHAPTER ONE
Forgeries

SECTION
1

Forging
the seal of the Government of the Philippine Islands, the signature
or stamp of the Chief Executive

ARTICLE
161. Counterfeiting the great seal of the Government of the Philippine
Islands, forging the signature or stamp of the Chief Executive.
— The penalty of reclusion temporal shall be imposed upon
any person who shall forge the Great Seal of the Government of the
Philippine Islands or the signature or stamp of the Chief Executive.

ARTICLE
162. Using forged signature or counterfeit seal or stamp. —
The penalty of prision mayor shall be imposed upon any person who
shall knowingly make use of the counterfeit seal or forged signature
or stamp mentioned in the preceding article.

SECTION
2
Counterfeiting Coins

ARTICLE
163. Making and importing and uttering false coins. — Any
person who makes, imports, or utters false coins, in connivance
with counterfeiters, or importers, shall suffer:

1.
Prision mayor in its minimum and medium periods and a fine not to
exceed 10,000 pesos, if the counterfeited coin be silver coin of
the Philippines or coin of the Central Bank of the Philippines of
ten-centavo denomination or above.

2.
Prision correccional in its minimum and medium periods and a fine
of not to exceed 2,000 pesos, if the counterfeited coins be any
of the minor coinage of the Philippines or of the Central Bank of
the Philippines below ten-centavo denomination.

3.
Prision correccional in its minimum period and a fine not to exceed
1,000 pesos, if the counterfeited coin be currency of a foreign
country. (As amended by R.A. No. 4202, approved June 19, 1965).

ARTICLE
164. Mutilation of coins. — Importation and utterance of mutilated
coins. — The penalty of prision correccional in its minimum
period and a fine not to exceed 2,000 pesos shall be imposed upon
any person who shall mutilate coins of the legal currency of the
(United States or of the) Philippine Islands or import or utter
mutilated current coins, or in connivance with mutilators or importers.

ARTICLE
165. Selling of false or mutilated coin, without connivance. —
The person who knowingly, although without the connivance mentioned
in the preceding articles, shall possess false or mutilated coin
with intent to utter the same, or shall actually utter such coin,
shall suffer a penalty lower by one degree than that prescribed
in said articles.

ARTICLE
166. Forging treasury or bank notes or other documents payable to
bearer; importing, and uttering such false or forged notes and documents.
— The forging or falsification of treasury or bank notes or
certificates or other obligations and securities payable to bearer
and the importation and uttering in connivance with forgers or importers
of such false or forged obligations or notes, shall be punished
as follows:

1.
By reclusion temporal in its minimum period and a fine not to exceed
10,000 pesos, if the document which has been falsified, counterfeited,
or altered is an obligation or security of the (United States or
of the) Philippines Islands.

The
word "obligation or security of the (United States or of the)
Philippine Islands" shall be held to mean all bonds, certificates
of indebtedness, national bank notes, coupons, (United States or)
Philippine Islands notes, treasury notes, fractional notes, certificates
of deposit, bills, checks, or drafts for money, drawn by or upon
authorized officers of the (United States or of the) Philippine
Islands, and other representatives of value, of whatever denomination,
which have been or may be issued under any act of the Congress of
the (United States or of the) Philippine Legislature.

2. By prision mayor in its maximum period and a fine not to exceed
2,000 pesos, when the forged or altered document is a circulating
note issued by any banking association duly authorized by law to
issue the same.

3.
By prision mayor in its medium period and a fine not to exceed 5,000
pesos, if the falsified or counterfeited document was issued by
a foreign government.

4.
By prision mayor in its minimum period and a fine not to exceed
2,000 pesos, when the forged or altered document is a circulating
note or bill issued by a foreign bank duly authorized therefor.

ARTICLE
167. Counterfeiting, importing and uttering instruments payable
to bearer. — Any person who shall forge, import or utter,
in connivance with the forgers or importers, any instrument payable
to order or other document of credit not payable to bearer, shall
suffer the penalties of prision correccional in its medium and maximum
periods and a fine not exceeding 6,000 pesos.

ARTICLE
168. Illegal possession and use of false treasury or bank notes
and other instruments of credit. — Unless the act be one of
those coming under the provisions of any of the preceding articles,
any person who shall knowingly use or have in his possession, with
intent to use any of the false or falsified instruments referred
to in this section, shall suffer the penalty next lower in degree
than that prescribed in said articles.

ARTICLE
169. How forgery is committed. — The forgery referred to in
this section may be committed by any of the following means:

1.
By giving to a treasury or bank note or any instrument payable to
bearer or to order mentioned therein, the appearance of a true genuine
document.

2.
By erasing, substituting, counterfeiting or altering by any means
the figures, letters, words or signs contained therein.

ARTICLE
170. Falsification of legislative documents. — The penalty
of prision correccional in its maximum period and a fine not exceeding
6,000 pesos shall be imposed upon any person who, without proper
authority therefor alters any bill, resolution, or ordinance enacted
or approved or pending approval by either House of the Legislature
or any provincial board or municipal council.

ARTICLE
171. Falsification by public officer, employee or notary or ecclesiastic
minister. — The penalty of prision mayor and a fine not to
exceed 5,000 pesos shall be imposed upon any public officer, employee,
or notary who, taking advantage of his official position, shall
falsify a document by committing any of the following acts:

1.
Counterfeiting or imitating any handwriting, signature or rubric;

2.
Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate;

3.
Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them;

4.
Making untruthful statements in a narration of facts;

5.
Altering true dates;

6.
Making any alteration or intercalation in a genuine document which
changes its meaning;

7.
Issuing in an authenticated form a document purporting to be a copy
of an original document when no such original exists, or including
in such a copy a statement contrary to, or different from, that
of the genuine original; or

8.
Intercalating any instrument or note relative to the issuance thereof
in a protocol, registry, or official book.

The
same penalty shall be imposed upon any ecclesiastical minister who
shall commit any of the offenses enumerated in the preceding paragraphs
of this article, with respect to any record or document of such
character that its falsification may affect the civil status of
persons.

ARTICLE
172. Falsification by private individuals and use of falsified documents.
— The penalty of prision correccional in its medium and maximum
periods and a fine of not more than 5,000 pesos shall be imposed
upon:

1.
Any private individual who shall commit any of the falsifications
enumerated in the next preceding article in any public or official
document or letter of exchange or any other kind of commercial document;
and

2.
Any person who, to the damage of a third party, or with the intent
to cause such damage, shall in any private document commit any of
the acts of falsification enumerated in the next preceding article.

Any
person who shall knowingly introduce in evidence in any judicial
proceeding or to the damage of another or who, with the intent to
cause such damage, shall use any of the false documents embraced
in the next preceding article, or in any of the foregoing subdivisions
of this article, shall be punished by the penalty next lower in
degree.

ARTICLE
173. Falsification of wireless, cable, telegraph and telephone messages,
and use of said falsified messages. — The penalty of prision
correccional in its medium and maximum periods shall be imposed
upon officer or employee of the Government or of any private corporation
or concern engaged in the service of sending or receiving wireless,
cable or telephone message who utters a fictitious wireless, telegraph
or telephone message of any system or falsifies the same.

Any
person who shall use such falsified dispatch to the prejudice of
a third party or with the intent of cause such prejudice, shall
suffer the penalty next lower in degree.

SECTION
5
Falsification of medical certificates, certificates of merit or
services and the like

ARTICLE
174. False medical certificates, false certificates of merits or
service, etc. — The penalties of arresto mayor in its maximum
period to prision correccional in its minimum period and a fine
not to exceed 1,000 pesos shall be imposed upon:

1.
Any physician or surgeon who, in connection, with the practice of
his profession, shall issue a false certificate; and

2.
Any public officer who shall issue a false certificate of merit
or service, good conduct or similar circumstances.

The
penalty of arresto mayor shall be imposed upon any private person
who shall falsify a certificate falling within the classes mentioned
in the two preceding subdivisions.

ARTICLE
175. Using false certificates. — The penalty of arresto menor
shall be imposed upon any one who shall knowingly use any of the
false certificates mentioned in the next preceding article.

SECTION
6
Manufacturing, importing and possession of instruments or implements
intended for the commission of falsification

ARTICLE
176. Manufacturing and possession of instruments or implements for
falsification. — The penalty of prision correccional in its
medium and maximum periods and a fine not to exceed 10,000 pesos
shall be imposed upon any person who shall make or introduce into
the Philippine Islands any stamps, dies, marks, or other instruments
or implements intended to be used in the commission of the offenses
of counterfeiting or falsification mentioned in the preceding sections
of this chapter.

Any
person who, with the intention of using them, shall have in his
possession any of the instruments or implements mentioned in the
preceding paragraph, shall suffer the penalty next lower in degree
than that provided therein.

CHAPTER
TWO
Other Falsities
SECTION 1
Usurpation of authority, rank, title, and improper use of names,
uniforms and insignia

ARTICLE
177. Usurpation of authority or official functions. — Any
person who shall knowingly and falsely represent himself to be an
officer, agent or representative of any department or agency of
the Philippine Government or of any foreign government, or who,
under pretense of official position, shall perform any act pertaining
to any person in authority or public officer of the Philippine Government
or of any foreign government, or any agency thereof, without being
lawfully entitled to do so, shall suffer the penalty of prision
correccional in its minimum and medium periods.(As amended by Republic
Act No. 379, approved June 14, 1949.) (Restored by EO No. 187.)

ARTICLE
178. Using fictitious name and concealing true name. — The
penalty of arresto mayor and a fine not to exceed 500 pesos shall
be imposed upon any person who shall publicly use a fictitious name
for the purpose of concealing a crime, evading the execution of
a judgment or causing damage.

Any
person who conceals his true name and other personal circumstances
shall be punished by arresto menor or a fine not to exceed 200 pesos.
(Restored by EO No. 187.)

ARTICLE
179. Illegal use of uniforms or insignia. — The penalty of
arresto mayor shall be imposed upon any person who shall publicly
and improperly make use of insignia, uniforms or dress pertaining
to an office not held by such person or to a class of persons of
which he is not a member.(Restored by EO No. 187.)

SECTION
2
False testimony

ARTICLE
180. False testimony against a defendant. — Any person who
shall give false testimony against the defendant in any criminal
case shall suffer:

1.
The penalty of reclusion temporal, if the defendant in said case
shall have been sentenced to death;

2.
The penalty of prision mayor, if the defendant shall have been sentenced
to reclusion temporal or reclusion perpetua;

3.
The penalty of prision correccional, if the defendant shall have
been sentenced to any other afflictive penalty; and

4.
The penalty of arresto mayor, if the defendant shall have been sentenced
to a correctional penalty or a fine, or shall have been acquitted.
In cases provided in subdivisions 3 and 4 of this article the offender
shall further suffer a fine not to exceed 1,000 pesos.

ARTICLE
181. False testimony favorable to the defendant. — Any person
who shall give false testimony in favor of the defendant in a criminal
case, shall suffer the penalties of arresto mayor in its maximum
period to prision correccional in its minimum period and a fine
not to exceed 1,000 pesos, if the prosecution is for a felony punishable
by an afflictive penalty, and the penalty of arresto mayor in any
other case.

ARTICLE
182. False testimony in civil cases. — Any person found guilty
of false testimony in a civil case shall suffer the penalty of prision
correccional in its minimum period and a fine not to exceed 6,000
pesos, if the amount in controversy shall exceed 5,000 pesos, and
the penalty of arresto mayor in its maximum period to prision correccional
in its minimum period and a fine not to exceed 1,000 pesos, if the
amount in controversy shall not exceed said amount or cannot be
estimated.

ARTICLE
183. False testimony in other cases and perjury in solemn affirmation.
— The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period shall be imposed upon any person,
who, knowingly makes untruthful statements and not being included
in the provisions of the next preceding articles, shall testify
under oath, or make an affidavit, upon any material matter before
a competent person authorized to administer an oath in cases in
which the law so requires.

Any
person who, in case of a solemn affirmation made in lieu of an oath,
shall commit any of the falsehoods mentioned in this and the three
preceding articles of this section, shall suffer the respective
penalties provided therein.

ARTICLE
184. Offering false testimony in evidence. — Any person who
shall knowingly offer in evidence a false witness or testimony in
any judicial or official proceeding, shall be punished as guilty
of false testimony and shall suffer the respective penalties provided
in this section.

ARTICLE
185. Machinations in public auctions. — Any person who shall
solicit any gift or a promise as a consideration for refraining
from taking part in any public auction, and any person who shall
attempt to cause bidders to stay away from an auction by threats,
gifts, promises, or any other artifice, with intent to cause the
reduction of the price of the thing auctioned, shall suffer the
penalty of prision correccional in its minimum period and a fine
ranging from 10 to 50 per centum of the value of the thing auctioned.

ARTICLE
186. Monopolies and combinations in restraint of trade. —
The penalty of prision correccional in its minimum period or a fine
ranging from 200 to 6,000 pesos, or both, shall be imposed upon:

1.
Any person who shall enter into any contract or agreement or shall
take part in any conspiracy or combination in the form of a trust
or otherwise, in restraint of trade or commerce to prevent by artificial
means free competition in the market.

2.
Any person who shall monopolize any merchandise or object of trade
or commerce, or shall combine with any other person or persons to
monopolize said merchandise or object in order to alter the price
thereof by spreading false rumors or making use of any other article
to restrain free competition in the market.

3.
Any person who, being a manufacturer, producer, or processor of
any merchandise or object of commerce or an importer of any merchandise
or object of commerce from any foreign country, either as principal
or agent, wholesaler or retailer, shall combine, conspire or agree
in any manner with any person likewise engaged in the manufacture,
production, processing, assembling or importation of such merchandise
or object to commerce or with any other persons not so similarly
engaged for the purpose of making transactions prejudicial to lawful
commerce, or of increasing the market price in any part of the Philippines,
or any such merchandise or object of commerce manufactured, produced,
processed, assembled in or imported into the Philippines, or of
any article in the manufacture of which such manufactured, produced,
processed, or imported merchandise or object of commerce is used.

If
the offense mentioned in this article affects any food substance,
motor fuel or lubricants, or other articles of prime necessity;
the penalty shall be that of prision mayor in its maximum and medium
periods, it being sufficient for the imposition thereof that the
initial steps have been taken toward carrying out the purposes of
the combination.

Any
property possessed under any contract or by any combination mentioned
in the preceding paragraphs, and being the subject thereof, shall
be forfeited to the Government of the Philippines.

Whenever
any of the offenses described above is committed by a corporation
or association, the president and each one of the directors or managers
of said corporation or association or its agents or representative
in the Philippines in case of a foreign corporation or association,
who shall have knowingly permitted or failed to prevent the commission
of such offenses, shall be held liable as principals thereof.(As
amended by Republic Act No. 1956, approved June 22, 1957.)

SECTION
2
Frauds in commerce and industry

ARTICLE
187. Importation and disposition of falsely marked articles or merchandise
made of gold, silver, or other precious metals or their alloys.
— The penalty of prision correccional or a fine ranging from
200 to 1,000 pesos, or both, shall be imposed upon any person who
shall knowingly import or sell or dispose of any article or merchandise
made of gold, silver, or other precious metals, or their alloys,
with stamps, brands, or marks which fail to indicate the actual
fineness or quality of said metals or alloys.

Any
stamp, brand, label, or mark shall be deemed to fail to indicate
the actual fineness of the article on which it is engraved, printed,
stamped, labeled or attached, when the test of the article shows
that the quality or fineness thereof is less by more than one-half
karat, if made of gold, and less by more than four one-thousandth,
if made of silver, than what is shown by said stamp, brand, label
or mark. But in case of watch cases and flatware made of gold, the
actual fineness of such gold shall not be less by more than three
one-thousandth than the fineness indicated by said stamp, brand,
label, or mark.

ARTICLE
188. Subtituting and altering trademarks, tradenames, or service
marks. — The penalty of prision correccional in its minimum
period or a fine ranging from 500 to 2,000 pesos, or both, shall
be imposed upon:

1.
Any person who shall substitute the tradename or trademark of some
other manufacturer or dealer or a colorable imitation thereof, for
the tradename or trademark of the real manufacturer or dealer upon
any article of commerce and shall sell the same;

2.
Any person who shall sell such articles of commerce or offer the
same for sale, knowing that the tradename or trademark has been
fraudulently used in such goods as described in the preceding subdivision;

3.
Any person who, in the sale or advertising of his services, shall
use or substitute the service mark of some other person, or a colorable
imitation of such mark; or

4.
Any person who, knowing the purpose for which the tradename, or
trademark, or service mark of a person is to be used, prints, lithographs,
or in any way reproduces such tradename, trademark, or service mark,
or a colorable imitation thereof, for another person, to enable
that other person to fraudulently use such tradename, trademark,
or service mark on his own goods or in connection with the sale
or advertising of his services.

A tradename
or trademark as herein used is a word or words, name, title, symbol,
emblem, sign or device, or any combination thereof used as an advertisement,
sign, label, poster, or otherwise, for the purpose of enabling the
public to distinguish the business of the person who owns and uses
said tradename or trademark.

A service
mark as herein used is a mark used in the sale or advertising of
services to identify the services of one person and distinguish
them from the services of others and includes without limitation
the marks, names, symbols, titles, designations, slogans, character
names, and distinctive features of radio or other advertising. (As
amended by Republic Act No. 172.)

ARTICLE
189. Unfair competition, fraudulent registration of trademark, tradename
or service mark, fraudulent designation of origin, and false description.
— The penalty provided in the next proceeding article shall
be imposed upon:

1.
Any person who, in unfair competition and for the purpose of deceiving
or defrauding another of his legitimate trade or the public in general,
shall sell his goods giving them the general appearance of goods
of another manufacturer or dealer, either as to the goods themselves,
or in the wrapping of the packages in which they are contained,
or the device or words thereon, or in any other feature of their
appearance which would be likely to induce the public to believe
that the goods offered are those of a manufacturer or dealer other
than the actual manufacturer or dealer, or shall give other persons
a chance or opportunity to do the same with a like purpose.

2.
Any person who shall affix, apply, annex, or use in connection with
any goods or services or any container or containers for goods,
a false designation of origin, or any false description or representation,
and shall sell such goods or services.

3.
Any person who, by means of false or fraudulent representation or
declarations, orally or in writing, or by other fraudulent means
shall procure from the patent office or from any other office which
may hereafter be established by law for the purposes, the registration
of a tradename, trademark or service mark or of himself as the owner
of such tradename, trademark or service mark or an entry respecting
a tradename, trademark or service mark. (As amended by Republic
Act No. 172, approved June 20, 1947.)

TITLE
FIVE
Crimes Relative to Opium and Other Prohibited Drugs 1

ARTICLE
190. Possession, preparation and use of prohibited drugs and maintenance
of opium dens. — The penalty of arresto mayor in its medium
period to prision correccional in its minimum period and a fine
ranging from 300 to 1,000 pesos shall be imposed upon:

"Prohibited
drug," as used herein includes opium, cocaine, alpha and beta
eucaine, Indian hemp, their derivatives, and all preparations made
from them or any of them, and such other drugs, whether natural
or synthetic, having physiological action as a narcotic drug.
"Opium" embraces every kind, class, and character of opium,
whether crude or prepared; the ashes or refuse of the same; narcotic
preparations thereof or therefrom; morphine or any alkaloid of opium,
preparation in which opium, morphine or any alkaloid of opium, enter
as an ingredient, and also opium leaves or wrappings of opium leaves,
whether prepared or not for their use.

"Indian
hemp" otherwise known as marijuana, cannabis, Americana, hashish,
bhang, guaza, churruz, and ganjah embraces every kind, class and
character of Indian hemp, whether dried or fresh, flowering or fruiting
tops of the pistillate plant cannabis satival, from which the resin
has not been extracted, including all other geographic varieties
whether used as reefers, resin, extract, tincture or in any other
form whatsoever.

By
narcotic drug is meant a drug that produces a condition of insensibility
and melancholy dullness of mind with delusions and may be habit-forming.

2.
Anyone who shall maintain a dive or resort where any prohibited
drug is used in any form, in violation of the law.

ARTICLE
191. Keeper, watchman and visitor of opium den. — The penalty
of arresto mayor and a fine ranging from 100 to 300 pesos shall
be imposed upon:

1.
Anyone who shall act as a keeper or watchman of a dive or resort
where any prohibited drug is used in any manner contrary to law;
and

2.
Any person who, not being included in the provisions of the next
preceding article, shall knowingly visit any dive or resort of the
character referred to above.

ARTICLE
192. Importation and sale of prohibited drugs. — The penalty
of prision correccional in its medium and maximum periods and a
fine ranging from 300 to 10,000 pesos shall be imposed upon any
person who shall import or bring into the Philippine Islands any
prohibited drug.
The same penalty shall be imposed upon any person who shall unlawfully
sell or deliver to another prohibited drug.

ARTICLE
193. Illegal possession of opium pipe or other paraphernalia for
the use of any prohibited drug. — The penalty of arresto mayor
and a fine not exceeding 500 pesos shall be imposed upon any person
who, not being authorized by law, shall possess any opium pipe or
other paraphernalia for smoking, injecting, administering or using
opium or any prohibited drug.
The illegal possession of an opium pipe or other paraphernalia for
using any other prohibited drug shall be prima facie evidence that
its possessor has used said drug.

ARTICLE
194. Prescribing opium unnecessarily for a patient. — The
penalty of prision correccional or a fine ranging from 300 to 10,000
pesos, or both shall be imposed upon any physician or dentist who
shall prescribe opium for any person whose physical condition does
not require the use of the same.

TITLE
SIX
Crimes Against Public Morals
CHAPTER ONE
Gambling and Betting 2

ARTICLE
195. What acts are punishable in gambling. — (a) The penalty
of arresto menor or a fine not exceeding two hundred pesos, and,
in case of recidivism, the penalty of arresto mayor or a fine ranging
from two hundred or six thousand pesos, shall be imposed upon:

1.
Any person other than those referred to in subsections (b) and (c)
who, in any manner shall directly, or indirectly take part in any
game of monte, jueteng or any other form of lottery, policy, banking,
or percentage game, dog races, or any other game or scheme the result
of which depends wholly or chiefly upon chance or hazard; or wherein
wagers consisting of money, articles of value or representative
of value are made; or in the exploitation or use of any other mechanical
invention or contrivance to determine by chance the loser or winner
of money or any object or representative of value.

2.
Any person who shall knowingly permit any form of gambling referred
to in the preceding subdivision to be carried on in any inhabited
or uninhabited place of any building, vessel or other means of transportation
owned or controlled by him. If the place where gambling is carried
on has the reputation of a gambling place or that prohibited gambling
is frequently carried on therein, the culprit shall be punished
by the penalty provided for in this article in its maximum period.

(b)
The penalty of prision correccional in its maximum degree shall
be imposed upon the maintainer, conductor, or banker in a game of
jueteng or any similar game.

(c)
The penalty of prision correccional in its medium degree shall be
imposed upon any person who shall, knowingly and without lawful
purpose, have in his possession any lottery list, paper or other
matter containing letters, signs or symbols which pertain to or
are in any manner used in the game of jueteng or any similar game
which has taken place or about to take place.
ARTICLE 196. Importation, sale and possession of lottery tickets
or advertisements. — The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in the discretion of the court,
shall be imposed upon any person who shall import into the Philippine
Islands from any foreign place or port any lottery ticket or advertisement
or, in connivance with the importer, shall sell or distribute the
same.

Any
person who shall knowingly and with intent to use them, have in
his possession lottery tickets or advertisements, or shall sell
or distribute the same without connivance with the importer of the
same, shall be punished by arresto menor, or a fine not exceeding
200 pesos, or both, in the discretion of the court.

The
possession of any lottery ticket or advertisement shall be prima
facie evidence of an intent to sell, distribute or use the same
in the Philippine Islands.

ARTICLE
197. Betting in sports contests. — The penalty of arresto
menor or a fine not exceeding 200 pesos, or both, shall be imposed
upon any person who shall bet money or any object or article of
value or representative of value upon the result of any boxing or
other sports contests.

ARTICLE
198. Illegal betting on horse races. — The penalty of arresto
menor or a fine not exceeding 200 pesos, or both, shall be imposed
upon any person who except during the period allowed by law, shall
bet on horse races. The penalty of arresto mayor or a fine ranging
from 200 to 2,000 pesos, or both, shall be imposed upon any person
who, under the same circumstances, shall maintain or employ a totalizer
or other device or scheme for betting on horse races or realizing
any profit therefrom.

For
the purpose of this article, any race held in the same day at the
same place shall be held punishable as a separate offense, and if
the same be committed by any partnership, corporation or association,
the president and the directors or managers thereof shall be deemed
to be principals in the offense if they have consented to or knowingly
tolerated its commission.

ARTICLE
199. Illegal cockfighting. — The penalty of arresto menor
or a fine not exceeding 200 pesos, or both, in the discretion of
the court, shall be imposed upon:

1.
Any person who directly or indirectly participates in cockfights,
by betting money or other valuable things, or who organizes cockfights
at which bets are made, on a day other than those permitted by law.

2.
Any person who directly or indirectly participates in cockfights,
at a place other than a licensed cockpit.

WHEREAS,
Philippine Gambling Laws such as Articles 195-199 of the Revised
Penal Code (Forms of Gambling and Betting), Republic Act No. 3063
(Horse Racing Bookies), Presidential Decree No. 499 (Cockfighting),
Presidential Decree No. 483 (Game Fixing), Presidential Decree No.
510 (Slot Machines) in relation to Opinion Nos. 33 and 97 of the
Ministry of Justice, Presidential Decree No. 1036 (Jai-Alai Bookies)
and other City and Municipal Ordinances or gambling all over the
country prescribe penalties which are inadequate to discourage or
stamp out this pernicious activities;

WHEREAS,
there is now a need to increase their penalties to make them more
effective in combating this social menace which dissipate the energy
and resources of our people;

NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Republic Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:

SECTION
1. Penalties. — The following penalties are hereby imposed:

(a)
The penalty of prision correccional in its medium period of a fine
ranging from 1,000 to 6,000 pesos, and in case of recidivism, the
penalty of prision mayor in its medium period or a fine ranging
from 5,000 to 10,000 pesos shall be imposed upon:

(1)
Any person other than those referred to in the succeeding sub-sections
who in any manner, shall directly or indirectly take part in any
illegal or unauthorized activities or games of cockfighting, jueteng,
jai- alai or horse racing to include bookie operations and game
fixing, numbers, bingo and other forms of lotteries; cara y cruz,
pompiang and the like; 7-11 and any game using dice; black jack,
lucky nine, poker and its derivatives, monte, baccarat, cuajo, pangguingue,
and other card games; paik que, high and low, mahjong, domino, and
other games using plastic tiles and the like; slot machines, roulette,
pinball and other mechanical contraptions and devices; dog racing,
boat racing, car racing, and other forms of races; basketball, boxing,
volleyball, bowling, pingpong, and other forms of individual or
team contests to include game fixing, point shaving and other machinations;
banking or percentage game, or any other game or scheme, whether
upon chance or skill, wherein wagers consisting of money, articles
of value or representative of value are at stake or made;

(2)
Any person who shall knowingly permit any form of gambling referred
to in the preceding subparagraph to be carried on in inhabited or
uninhabited place or in any building, vessel or other means of transportation
owned or controlled by him. If the place where gambling is carried
on has a reputation of a gambling place or that prohibited gambling
is frequently carried on therein or the place is a public or government
building or barangay hall, the malfactor shall be punished by prision
correccional in its maximum period and a fine of 6,000 pesos.

(b)
The penalty of prision correccional in its maximum period or a fine
of 6,000 pesos shall be imposed upon the maintainer or conductor
of the above gambling schemes.

(c)
The penalty of prision mayor in its medium period with temporary
absolute disqualification or a fine of 6,000 pesos shall be imposed
if the maintainer, conductor or banker of said gambling scemes is
a government official, or where such government official is the
player, promoter, referee, umpire, judge or coach in cases of game-fixing,
point-shaving and machination.

(d)
The penalty of prision correccional in its medium period or a fine
ranging from 400 pesos to 2,000 pesos shall be imposed upon any
person who shall, knowingly and without lawful purpose in any hour
of any day, possess any lottery list, paper, or other matter containing
letters, figures, signs or symbols pertaining to or in any manner
used in the games of jueteng, jai-alai or horse racing bookies,
and similar games of lotteries and numbers which have taken place
or about to take place.

(e)
The penalty of temporary absolute disqualifications shall be imposed
upon any barangay official who, with knowledge of the existence
of a gambling house or place in his jurisdiction fails to abate
the same or take action in connection therewith.

(f)
The penalty of prision coreccional in its maximum period or a fine
ranging from 500 pesos to 2,000 pesos shall be imposed upon any
security officer, security guard, watchman, private or house detective
of hotels, villages, buildings, enclosures and the like which have
the reputation of a gambling place or where gambling activities
are being held.

SECTION
2. Informer's Reward. — Any person who shall disclose information
that will lead to the arrest and final conviction of the malfactor
shall be rewarded twenty percent (20%) of the cash money or articles
of value confiscated or forfeited in favor of the government.

SECTION
4. Effectivity. — This Decree shall take effect immediately
upon publication at least once in a newspaper of general circulation.
Done in the City of Manila, this 11th day of June, in the year of
Our Lord, nineteen hundred and seventy-eight

CHAPTER
TWO
Offenses Against Decency and Good Customs

ARTICLE
200. Grave scandal. — The penalties of arresto mayor and public
censure shall be imposed upon any person who shall offend against
decency or good customs by any highly scandalous conduct not expressly
falling within any other article of this Code.

ARTICLE
201. Immoral doctrines, obscene publications and exhibitions, and
indecent shows. — The penalty of prision mayor or a fine ranging
from six thousand to twelve thousand pesos, or both such imprisonment
and fine, shall be imposed upon:

(1)
Those who shall publicly expound or proclaim doctrines openly contrary
to public morals;

(2)
(a) The authors of obscene literature, published with their knowledge
in any form; the editors publishing such literature; and the owners/operators
of the establishment selling the same;

(b)
Those who, in theaters, fairs, cinematographs or any other place,
exhibit indecent or immoral plays, scenes, acts or shows, it being
understood that the obscene literature or indecent or immoral plays,
scenes, acts or shows, whether live or in film, which are prescribed
by virtue hereof, shall include those which (1) glorify criminals
or condone crimes; (2) serve no other purpose but to satisfy the
market for violence, lust or pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use of prohibited drugs;
and (5) are contrary to law, public order, morals, and good customs,
established policies, lawful orders, decrees and edicts;

(3)
Those who shall sell, give away or exhibit films, prints, engravings,
sculptures or literature which are offensive to morals. (As amended
by Presidential Decree Nos. 960 and 969, July 24, 1976.)

ARTICLE
202. Vagrants and prostitutes --- Penalty. — The following
are vagrants:

1.
Any person having no apparent means of subsistence, who has the
physical ability to work and who neglects to apply himself or herself
to some lawful calling;

2.
Any person found loitering about public or semi-public buildings
or places or tramping or wandering about the country or the streets
without visible means of support;

3.
Any idle or dissolute person who lodges in houses of ill fame; ruffians
or pimps and those who habitually associate with prostitutes;

4.
Any person who, not being included in the provisions of other articles
of this Code, shall be found loitering in any inhabited or uninhabited
place belonging to another without any lawful or justifiable purpose;

5.
Prostitutes;
For the purposes of this article, women who, for money or profit,
habitually indulge in sexual intercourse or lascivious conduct,
are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this article
shall be punished by arresto menor or a fine not exceeding 200 pesos,
and in case of recidivism, by arresto mayor in its medium period
to prision correccional in its minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in the discretion of the court.

TITLE
SEVEN
Crimes Committed by Public Officers
CHAPTER ONE
Preliminary Provisions

ARTICLE
203. Who are public officers. — For the purpose of applying
the provisions of this and the preceding titles of this book, any
person who, by direct provision of the law, popular election or
appointment by competent authority, shall take part in the performance
of public functions in the Government of the Philippine Islands,
or shall perform in said Government or in any of its branches public
duties as an employee, agent or subordinate official, of any rank
or class, shall be deemed to be a public officer.

CHAPTER
TWO
Malfeasance and Misfeasance in Office
SECTION 1
Dereliction of duty

ARTICLE
204. Knowingly rendering unjust judgment. — Any judge who
shall knowingly render an unjust judgment in any case submitted
to him for decision, shall be punished by prision mayor and perpetual
absolute disqualification.

ARTICLE
205. Judgment rendered through negligence. — Any judge who,
by reason of inexcusable negligence or ignorance, shall render a
manifestly unjust judgment in any case submitted to him for decision
shall be punished by arresto mayor and temporary special disqualification.

ARTICLE
206. Unjust interlocutory order. — Any judge who shall knowingly
render an unjust interlocutory order or decree shall suffer the
penalty of arresto mayor in its minimum period and suspension; but
if he shall have acted by reason of inexcusable negligence or ignorance
and the interlocutory order or decree be manifestly unjust, the
penalty shall be suspension.

ARTICLE
207. Malicious delay in the administration of justice. — The
penalty of prision correccional in its minimum period shall be imposed
upon any judge guilty of malicious delay in the administration of
justice.

ARTICLE
208. Prosecution of offenses; negligence and tolerance. —
The penalty of prision correccional in its minimum period and suspension
shall be imposed upon any public officer, or officer of the law,
who, in dereliction of the duties of his office, shall maliciously
refrain from instituting prosecution for the punishment of violators
of the law, or shall tolerate the commission of offenses.

ARTICLE
209. Betrayal of trust by an attorney or solicitor. — Revelation
of secrets. — In addition to the proper administrative action,
the penalty of prision correccional in its minimum period, or a
fine ranging from 200 to 1,000 pesos, or both, shall be imposed
upon any attorney-at-law or solicitor (procurador judicial) who,
by any malicious breach of professional duty or of inexcusable negligence
or ignorance, shall prejudice his client, or reveal any of the secrets
of the latter learned by him in his professional capacity.

The
same penalty shall be imposed upon an attorney-at-law or solicitor
(procurador judicial) who, having undertaken the defense of a client
or having received confidential information from said client in
a case, shall undertake the defense of the opposing party in the
same case, without the consent of his first client.

SECTION
2
Bribery

ARTICLE
210. Direct bribery. — Any public officer who shall agree
to perform an act constituting a crime, in connection with the performance
of this official duties, in consideration of any offer, promise,
gift or present received by such officer, personally or through
the mediation of another, shall suffer the penalty of prision mayor
in its medium and maximum periods and a fine not less than three
times the value of the gift, in addition to the penalty corresponding
to the crime agreed upon, if the same shall have been committed.

If
the gift was accepted by the officer in consideration of the execution
of an act which does not constitute a crime, and the officer executed
said act, he shall suffer the same penalty provided in the preceding
paragraph; and if said act shall not have been accomplished, the
officer shall suffer the penalties of prision correccional in its
medium period and a fine of not less than twice the value of such
gift.

If
the object for which the gift was received or promised was to make
the public officer refrain from doing something which it was his
official duty to do, he shall suffer the penalties of prision correccional
in its maximum period to prision mayor in its minimum period and
a fine not less than three times the value of such gift.

In
addition to the penalties provided in the preceding paragraphs,
the culprit shall suffer the penalty of special temporary disqualification.

The
provisions contained in the preceding paragraphs shall be made applicable
to assessors, arbitrators, appraisal and claim commissioners, experts
or any other persons performing public duties. (As amended by Batas
Pambansa Blg. 871, approved May 29, 1985.)

ARTICLE
211. Indirect bribery. — The penalties of prision correccional
in its medium and maximum periods, suspension and public censure
shall be imposed upon any public officer who shall accept gifts
offered to him by reason of his office. (As amended by Batas Pambansa
Blg. 871, approved May 29, 1985.)

ARTICLE
211-A. Qualified bribery. — If any public officer is entrusted
with law enforcement and he refrains from arresting or prosecuting
an offender who has committed a crime punishable by reclusion perpetua
and/or death in consideration of any offer, promise, gift or present,
he shall suffer the penalty for the offense which was not prosecuted.

If
it is the public officer who asks or demands such gift or present,
he shall suffer the penalty of death. (As added by Sec. 4, Republic
Act No. 7659.)

ARTICLE
212. Corruption of public officials. — The same penalties
imposed upon the officer corrupted, except those of disqualification
and suspension, shall be imposed upon any person who shall have
made the offers or promises or given the gifts or presents as described
in the preceding articles.

CHAPTER
THREE
Frauds and Illegal Exactions and Transactions

ARTICLE
213. Frauds against the public treasury and similar offenses. —
The penalty of prision correccional in its medium period to prision
mayor in its minimum period, or a fine ranging from 200 to 10,000
pesos, or both, shall be imposed upon any public officer who:

1.
In his official capacity, in dealing with any person with regard
to furnishing supplies, the making of contracts, or the adjustment
or settlement of accounts relating to public property or funds,
shall enter into an agreement with any interested party or speculator
or make use of any other scheme, to defraud the Government;

2.
Being entrusted with the collection of taxes, licenses, fees and
other imposts, shall be guilty of any of the following acts or omissions:

(a)
Demanding, directly or indirectly, the payment of sums different
from or larger than those authorized by law.

(b)
Failing voluntarily to issue a receipt, as provided by law, for
any sum of money collected by him officially.

(c)
Collecting or receiving, directly or indirectly, by way of payment
or otherwise, things or objects of a nature different from that
provided by law.

When
the culprit is an officer or employee of the Bureau of Internal
Revenue or the Bureau of Customs, the provisions of the Administrative
Code shall be applied.
ARTICLE 214. Other frauds. — In addition to the penalties
prescribed in the provisions of Chapter Six, Title Ten, Book Two,
of this Code, the penalty of temporary special disqualification
in its maximum period to perpetual special disqualification shall
be imposed upon any public officer who, taking advantage of his
official position, shall commit any of the frauds or deceits enumerated
in said provisions.

ARTICLE
215. Prohibited transactions. — The penalty of prision correccional
in its minimum period or a fine ranging from 200 to 1,000 pesos,
or both, shall be imposed upon any appointive public officer who,
during his incumbency, shall directly or indirectly become interested
in any transaction of exchange or speculation within the territory
subject to his jurisdiction.

ARTICLE
216. Possession of prohibited interest by a public officer. —
The penalty of arresto mayor in its medium period to prision correccional
in its minimum period, or a fine ranging from 200 to 1,000 pesos,
or both, shall be imposed upon a public officer who, directly or
indirectly, shall become interested in any contract or business
in which it is his official duty to intervene.
This provision is applicable to experts, arbitrators and private
accountants who, in like manner, shall take part in any contract
or transaction connected with the estate or property in the appraisal,
distribution or adjudication of which they shall have acted, and
to the guardians and executors with respect to the property belonging
to their wards or estate.

CHAPTER
FOUR
Malversation of Public Funds or Property

ARTICLE
217. Malversation of public funds or property. — Presumption
of malversation. — Any public officer who, by reason of the
duties of his office, is accountable for public funds or property,
shall appropriate the same, or shall take or misappropriate or shall
consent, or through abandonment or negligence, shall permit any
other person to take such public funds, or property, wholly or partially,
or shall otherwise be guilty of the misappropriation or malversation
of such funds or property, shall suffer:

1.
The penalty of prision correccional in its medium and maximum periods,
if the amount involved in the misappropriation or malversation does
not exceed two hundred pesos.

2.
The penalty of prision mayor in its minimum and medium periods,
if the amount involved is more than two hundred pesos but does not
exceed six thousand pesos.

3.
The penalty of prision mayor in its maximum period to reclusion
temporal in its minimum period, if the amount involved is more than
six thousand pesos but is less than twelve thousand pesos.

4.
The penalty of reclusion temporal in its medium and maximum periods,
if the amount involved is more than twelve thousand pesos but is
less than twenty-two thousand pesos. If the amount exceeds the latter,
the penalty shall be reclusion temporal in its maximum period to
reclusion perpetua.

In
all cases, persons guilty of malversation shall also suffer the
penalty of perpetual special disqualification and a fine equal to
the amount of the funds malversed or equal to the total value of
the property embezzled.

The
failure of a public officer to have duly forthcoming any public
funds or property with which he is chargeable, upon demand by any
duly authorized officer, shall be prima facie evidence that he has
put such missing funds or property to personal uses. (As amended
by Republic Act No. 1060, approved June 12, 1945.)

ARTICLE
218. Failure of accountable officer to render accounts. —
Any public officer, whether in the service or separated therefrom
by resignation or any other cause, who is required by law or regulation
to render account to the Insular Auditor, or to a provincial auditor
and who fails to do so for a period of two months after such accounts
should be rendered, shall be punished by prision correccional in
its minimum period, or by a fine ranging from 200 to 6,000 pesos,
or both.

ARTICLE
219. Failure of a responsible public officer to render accounts
before leaving the country. — Any public officer who unlawfully
leaves or attempts to leave the Philippine Islands without securing
a certificate from the Insular Auditor showing that his accounts
have been finally settled, shall be punished by arresto mayor, or
a fine ranging from 200 to 1,000 pesos or both.
ARTICLE 220. Illegal use of public funds or property. — Any
public officer who shall apply any public fund or property under
his administration to any public use other than for which such fund
or property were appropriated by law or ordinance shall suffer the
penalty of prision correccional in its minimum period or a fine
ranging from one-half to the total of the sum misapplied, if by
reason of such misapplication, any damage or embarrassment shall
have resulted to the public service. In either case, the offender
shall also suffer the penalty of temporary special disqualification.

If
no damage or embarrassment to the public service has resulted, the
penalty shall be a fine from 5 to 50 per cent of the sum misapplied.

ARTICLE
221. Failure to make delivery of public funds or property. —
Any public officer under obligation to make payment from Government
funds in his possession, who shall fail to make such payment, shall
be punished by arresto mayor and a fine from 5 to 25 per cent of
the sum which he failed to pay.

This
provision shall apply to any public officer who, being ordered by
competent authority to deliver any property in his custody or under
his administration, shall refuse to make such delivery.

The
fine shall be graduated in such case by the value of the thing,
provided that it shall not be less than 50 pesos.

ARTICLE
222. Officers included in the preceding provisions. — The
provisions of this chapter shall apply to private individuals who,
in any capacity whatever, have charge of any insular, provincial
or municipal funds, revenues, or property and to any administrator
or depository of funds or property attached, seized or deposited
by public authority, even if such property belongs to a private
individual.

CHAPTER
FIVE
Infidelity of Public Officers
SECTION 1
Infidelity in the custody of prisoners

ARTICLE
223. Conniving with or consenting to evasion. — Any public
officer who shall consent to the escape of a prisoner in his custody
or charge, shall be punished:

1.
By prision correccional in its medium and maximum periods and temporary
special disqualification in its maximum period to perpetual special
disqualification, if the fugitive shall have been sentenced by final
judgment to any penalty.

2.
By prision correccional in its minimum period and temporary special
disqualification, in case the fugitive shall not have been finally
convicted but only held as a detention prisoner for any crime or
violation of law or municipal ordinance.

ARTICLE
224. Evasion through negligence. — If the evasion of the prisoner
shall have taken place through the negligence of the officer charged
with the conveyance or custody of the escaping prisoner, said officer
shall suffer the penalties of arresto mayor in its maximum period
to prision correccional in its minimum period and temporary special
disqualification.

ARTICLE
225. Escape of prisoner under the custody of a person not a public
officer. — Any private person to whom the conveyance or custody
of a prisoner or person under arrest shall have been confided, who
shall commit any of the offenses mentioned in the two preceding
articles, shall suffer the penalty next lower in degree than that
prescribed for the public officer.

1.
The penalty of prision mayor and a fine not exceeding 1,000 pesos,
whenever serious damage shall have been caused thereby to a third
party or to the public interest.

2.
The penalty of prision correccional in its minimum and medium period
and a fine not exceeding 1,000 pesos, whenever the damage caused
to a third party or the public interest shall not have been serious.

In
either case, the additional penalty of temporary special disqualification
in its maximum period to perpetual special disqualification shall
be imposed.

ARTICLE
227. Officer breaking seal. — Any public officer charged with
the custody of papers or property sealed by proper authority, who
shall break the seals or permit them to be broken, shall suffer
the penalties of prision correccional in its minimum and medium
periods, temporary special disqualification and a fine not exceeding
2,000 pesos.

ARTICLE
228. Opening of closed documents. — Any public officer not
included in the provisions of the next preceding article who, without
proper authority, shall open or shall permit to be opened any closed
papers, documents or objects entrusted to his custody, shall suffer
the penalties or arresto mayor, temporary special disqualification
and a fine of not exceeding 2,000 pesos.

SECTION
3
Revelation of secrets

ARTICLE
229. Revelation of secrets by an officer. — Any public officer
who shall reveal any secret known to him by reason of his official
capacity, or shall wrongfully deliver papers or copies of papers
of which he may have charge and which should not be published, shall
suffer the penalties of prision correccional in its medium and maximum
periods, perpetual special disqualification and a fine not exceeding
2,000 pesos if the revelation of such secrets or the delivery of
such papers shall have caused serious damage to the public interest;
otherwise, the penalties of prision correccional in its minimum
period, temporary special disqualification and a fine not exceeding
500 pesos shall be imposed.

ARTICLE
230. Public officer revealing secrets of private individual. —
Any public officer to whom the secrets of any private individual
shall become known by reason of his office who shall reveal such
secrets, shall suffer the penalties of arresto mayor and a fine
not exceeding 1,000 pesos.

CHAPTER
SIX
Other Offenses or Irregularities by Public Officers
SECTION 1
Disobedience, refusal of assistance and maltreatment of prisoners

ARTICLE
231. Open disobedience. — Any judicial or executive officer
who shall openly refuse to execute the judgment, decision or order
of any superior authority made within the scope of the jurisdiction
of the latter and issued with all the legal formalities, shall suffer
the penalties of arresto mayor in its medium period to prision correccional
in its minimum period, temporary special disqualification in its
maximum period and a fine not exceeding 1,000 pesos.

ARTICLE
232. Disobedience to order of superior officer, when said order
was suspended by inferior officer. — Any public officer who,
having for any reason suspended the execution of the orders of his
superiors, shall disobey such superiors after the latter have disapproved
the suspension, shall suffer the penalties of prision correccional
in its minimum and medium periods and perpetual special disqualification.

ARTICLE
233. Refusal of assistance. — The penalties of arresto mayor
in its medium period to prision correccional in its minimum period,
perpetual special disqualification and a fine not exceeding 1,000
pesos, shall be imposed upon a public officer who, upon demand from
competent authority, shall fail to lend his cooperation towards
the administration of justice or other public service, if such failure
shall result in serious damage to the public interest, or to a third
party; otherwise, arresto mayor in its medium and maximum periods
and a fine not exceeding 500 pesos shall be imposed.

ARTICLE
234. Refusal to discharge elective office. — The penalty of
arresto mayor or a fine not exceeding 1,000 pesos, or both, shall
be imposed upon any person who, having been elected by popular election
to a public office, shall refuse without legal motive to be sworn
in or to discharge the duties of said office.

ARTICLE
235. Maltreatment of prisoners. — The penalty of prision correcional
in its medium period to prision mayor in its minimum period, in
addition to his liability for the physical injuries or damage caused,
shall be imposed upon any public officer or employee who shall overdo
himself in the correction or handling of a prisoner or detention
prisoner under his charge, by the imposition of punishment not authorized
by the regulations, or by inflicting such punishment in a cruel
and humiliating manner.

If
the purpose of the maltreatment is to extort a confession, or to
obtain some information from the prisoner, the offender shall be
punished by prision mayor in its minimum period, temporary absolute
disqualification and a fine not exceeding 6,000 pesos, in addition
to his liability for the physical injuries or damage caused. (As
amended by EO No. 62, Nov. 7, 1986.)

SECTION
2
Anticipation, prolongation and abandonment of the duties and powers
of public office

ARTICLE
236. Anticipation of duties of a public office. — Any person
who shall assume the performance of the duties and powers of any
public office or employment without first being sworn in or having
given the bond required by law, shall be suspended from such office
or employment until he shall have complied with respective formalities
and shall be fined from 200 to 500 pesos.

ARTICLE
237. Prolonging performance of duties and powers. — Any public
officer who shall continue to exercise the duties and powers of
his office, employment or commission, beyond the period provided
by law, regulations or special provisions applicable to the case,
shall suffer the penalties of prision correccional in its minimum
period, special temporary disqualification in its minimum period
and a fine not exceeding 500 pesos.

ARTICLE
238. Abandonment of office or position. — Any public officer
who, before the acceptance of his resignation, shall abandon his
office to the detriment of the public service shall suffer the penalty
of arresto mayor.

If
such office shall have been abandoned in order to evade the discharge
of the duties of preventing, prosecuting or punishing any of the
crimes falling within Title One, and Chapter One of Title Three
of Book Two of this Code, the offender shall be punished by prision
correccional in its minimum and medium periods, and by arresto mayor
if the purpose of such abandonment is to evade the duty of preventing,
prosecuting or punishing any other crime.

SECTION
3
Usurpation of powers and unlawful appointments

ARTICLE
239. Usurpation of legislative powers. — The penalties of
prision correccional in its minimum period, temporary special disqualification
and a fine not exceeding 1,000 pesos, shall be imposed upon any
public officer who shall encroach upon the powers of the legislative
branch of the Government, either by making general rules or regulations
beyond the scope of his authority, or by attempting to repeal a
law or suspending the execution thereof.

ARTICLE
240. Usurpation of executive functions. — Any judge who shall
assume any power pertaining to the executive authorities, or shall
obstruct the latter in the lawful exercise of their powers, shall
suffer the penalty of arresto mayor in its medium period to prision
correccional in its minimum period.

ARTICLE
241. Usurpation of judicial functions. — The penalty of arresto
mayor in its medium period to prision correccional in its minimum
period shall be imposed upon any officer of the executive branch
of the Government who shall assume judicial powers or shall obstruct
the execution of any order or decision rendered by any judge within
his jurisdiction.

ARTICLE
242. Disobeying request for disqualification. — Any public
officer who, before the question of jurisdiction is decided, shall
continue any proceeding after having been lawfully required to refrain
from so doing, shall be punished by arresto mayor and a fine not
exceeding 500 pesos.

ARTICLE
243. Orders or requests by executive officers to any judicial authority.
— Any executive officer who shall address any order or suggestion
to any judicial authority with respect to any case or business coming
within the exclusive jurisdiction of the courts of justice shall
suffer the penalty of arresto mayor and a fine not exceeding 500
pesos.

ARTICLE
244. Unlawful appointments. — Any public officer who shall
knowingly nominate or appoint to any public office any person lacking
the legal qualifications therefor, shall suffer the penalty of arresto
mayor and a fine not exceeding 1,000 pesos.

SECTION
4
Abuses against chastity

ARTICLE
245. Abuses against chastity — Penalties. — The penalties
of prision correccional in its medium and maximum periods and temporary
special disqualification shall be imposed:

1.
Upon any public officer who shall solicit or make immoral or indecent
advances to a woman interested in matters pending before such officer
for decision, or with respect to which he is required to submit
a report to or consult with a superior officer;

2.
Any warden or other public officer directly charged with the care
and custody of prisoners or persons under arrest who shall solicit
or make immoral or indecent advances to a woman under his custody.

If
the person solicited be the wife, daughter, sister of relative within
the same degree by affinity of any person in the custody of such
warden or officer, the penalties shall be prision correccional in
its minimum and medium periods and temporary special disqualification.

TITLE
EIGHT
Crimes Against Persons
CHAPTER ONE
Destruction of Life
SECTION 1
Parricide, murder, homicide

ARTICLE
246. Parricide. — Any person who shall kill his father, mother,
or child, whether legitimate or illegitimate, or any of his ascendants,
or descendants, or his spouse, shall be guilty of parricide and
shall be punished by the penalty of reclusion perpetua to death.
(Restored by Section 5, Republic Act No. 7659.)

ARTICLE
247. Death of physical injuries inflicted under exceptional circumstances.
— Any legally married person who, having surprised his spouse
in the act of committing sexual intercourse with another person,
shall kill any of them or both of them in the act or immediately
thereafter, or shall inflict upon them any serious physical injury,
shall suffer the penalty of destierro.

If
he shall inflict upon them physical injuries of any other kind,
he shall be exempt from punishment.

These
rules shall be applicable, under the same circumstances, to parents
with respect to their daughters under eighteen years of age, and
their seducer, while the daughters are living with their parents.

Any
person who shall promote or facilitate prostitution of his wife
or daughter, or shall otherwise have consented to the infidelity
of the other spouse shall not be entitled to the benefits of this
article.

ARTICLE
248. Murder. — Any person who, not falling within the provisions
of Article 246 shall kill another, shall be guilty of murder and
shall be punished by reclusion perpetua to death if committed with
any of the following attendant circumstances:

1.
With treachery, taking advantage of superior strength, with the
aid of armed men, or employing means to weaken the defense or of
means or persons to insure or afford impunity.

2.
In consideration of a price, reward or promise.

3.
By means of inundation, fire, poison, explosion, shipwreck, stranding
of a vessel, derailment or assault upon a railroad, fall of an airship,
by means of motor vehicles, or with the use of any other means involving
great waste and ruin.

4.
On occasion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive
cyclone, epidemic or other public calamity.

5.
With evident premeditation.

6.
With cruelty, by deliberately and inhumanly augmenting the suffering
of the victim, or outraging or scoffing at his person or corpse.
(As amended by Republic Act No. 7659.)

ARTICLE
249. Homicide. — Any person who, not falling within the provisions
of article 246, shall kill another without the attendance of any
of the circumstances enumerated in the next preceding article, shall
be deemed guilty of homicide and be punished by reclusion temporal.

ARTICLE
250. Penalty for frustrated parricide, murder or homicide. —
The courts, in view of the facts of the case, may impose upon the
person guilty of the frustrated crime of parricide, murder or homicide,
defined and penalized in the preceding articles, a penalty lower
by one degree than that which should be imposed under the provision
of article 50.

The
courts, considering the facts of the case, may likewise reduce by
one degree the penalty which under article 51 should be imposed
for an attempt to commit any of such crimes.

ARTICLE
251. Death caused in a tumultuous affray. — When, while several
persons, not composing groups organized for the common purpose of
assaulting and attacking each other reciprocally, quarrel and assault
each other in a confused and tumultuous manner, and in the course
of the affray someone is killed, and it cannot be ascertained who
actually killed the deceased, but the person or persons who inflicted
serious physical injuries can be identified, such person or persons
shall be punished by prision mayor.

If
it cannot be determined who inflicted the serious physical injuries
on the deceased, the penalty of prision correccional in its medium
and maximum periods shall be imposed upon all those who shall have
used violence upon the person of the victim.

ARTICLE
252. Physical injuries inflicted in a tumultuous affray. —
When in a tumultuous affray as referred to in the preceding article,
only serious physical injuries are inflicted upon the participants
thereof and the person responsible thereof cannot be identified,
all those who appear to have used violence upon the person of the
offended party shall suffer the penalty next lower in degree than
that provided for the physical injuries so inflicted.

When
the physical injuries inflicted are of a less serious nature and
the person responsible therefor cannot be identified, all those
who appear to have used any violence upon the person of the offended
party shall be punished by arresto from five to fifteen days.

ARTICLE
253. Giving assistance to suicide. — Any person who shall
assist another to commit suicide shall suffer the penalty of prision
mayor; if such person lends his assistance to another to the extent
of doing the killing himself, he shall suffer the penalty of reclusion
temporal. However, if the suicide is not consummated, the penalty
of arresto mayor in its medium and maximum periods, shall be imposed.

ARTICLE
254. Discharge of firearms. — Any person who shall shoot at
another with any firearm shall suffer the penalty of prision correccional
in its minimum and medium periods, unless the facts of the case
are such that the act can be held to constitute frustrated or attempted
parricide, murder, homicide or any other crime for which a higher
penalty is prescribed by any of the articles of this Code.

SECTION
2
Infanticide and abortion.

ARTICLE
255. Infanticide. — The penalty provided for parricide in
article 246 and for murder in article 248 shall be imposed upon
any person who shall kill any child less than three days of age.
If any crime penalized in this article be committed by the mother
of the child for the purpose of concealing her dishonor, she shall
suffer the penalty of prision mayor in its medium and maximum periods,
and if said crime be committed for the same purpose by the maternal
grandparents or either of them, the penalty shall be reclusion temporal.
(As amended by Sec. 7, Republic Act No. 7659.)

1.
The penalty of reclusion temporal, if he shall use any violence
upon the person of the pregnant woman.

2.
The penalty of prision mayor if, without using violence, he shall
act without the consent of the woman.

3.
The penalty of prision correccional in its medium and maximum periods,
if the woman shall have consented.

ARTICLE
257. Unintentional abortion. — The penalty of prision correccional
in its minimum and medium period shall be imposed upon any person
who shall cause an abortion by violence, but unintentionally.

ARTICLE
258. Abortion practiced by the woman herself or by her parents.
— The penalty of prision correccional in its medium and maximum
periods shall be imposed upon a woman who shall practice abortion
upon herself or shall consent that any other person should do so.

Any
woman who shall commit this offense to conceal her dishonor, shall
suffer the penalty of prision correccional in its minimum and medium
periods.

If
this crime be committed by the parents of the pregnant woman or
either of them, and they act with the consent of said woman for
the purpose of concealing her dishonor, the offender shall suffer
the penalty of prision correccional in its medium and maximum periods.

ARTICLE
259. Abortion practiced by a physician or midwife and dispensing
of abortives. — The penalties provided in article 256 shall
be imposed in its maximum period, respectively, upon any physician
or midwife who, taking advantage of their scientific knowledge or
skill, shall cause an abortion or assist in causing the same.

Any
pharmacist who, without the proper prescription from a physician,
shall dispense any abortive shall suffer arresto mayor and a fine
not exceeding 1,000 pesos.

SECTION
3
Duel

ARTICLE
260. Responsibility of participants in a duel. — The penalty
of reclusion temporal shall be imposed upon any person who shall
kill his adversary in a duel.

If
he shall inflict upon the latter physical injuries only, he shall
suffer the penalty provided therefor, according to their nature.

In
any other case, the combatants shall suffer the penalty of arresto
mayor, although no physical injuries have been inflicted.

The
seconds shall in all events be punished as accomplices.

ARTICLE
261. Challenging to a duel. — The penalty of prision correccional
in its minimum period shall be imposed upon any person who shall
challenge another, or incite another to give or accept a challenge
to a duel, or shall scoff at or decry another publicly for having
refused to accept a challenge.

CHAPTER
TWO
Physical Injuries

ARTICLE
262. Mutilation. — The penalty of reclusion temporal to reclusion
perpetua shall be imposed upon any person who shall intentionally
mutilate another by depriving him, either totally or partially,
or some essential organ for reproduction.

Any
other intentional mutilation shall be punished by prision mayor
in its medium and maximum periods.

1.
The penalty of prision mayor, if in consequence of the physical
injuries inflicted, the injured person shall become insane, imbecile,
impotent, or blind;

2.
The penalty of prision correccional in its medium and maximum periods,
if in consequence of the physical injuries inflicted, the person
injured shall have lost the use of speech or the power to hear or
to smell, or shall have lost an eye, a hand, a foot, an arm, or
a leg or shall have lost the use of any such member, or shall have
become incapacitated for the work in which he was theretofor habitually
engaged;

3.
The penalty of prision correccional in its minimum and medium periods,
if in consequence of the physical injuries inflicted, the person
injured shall have become deformed, or shall have lost any other
part of his body, or shall have lost the use thereof, or shall have
been ill or incapacitated for the performance of the work in which
he as habitually engaged for a period of more than ninety days;

4.
The penalty of arresto mayor in its maximum period to prision correccional
in its minimum period, if the physical injuries inflicted shall
have caused the illness or incapacity for labor of the injured person
for more than thirty days.

If
the offense shall have been committed against any of the persons
enumerated in article 246, or with attendance of any of the circumstances
mentioned in article 248, the case covered by subdivision number
1 of this article shall be punished by reclusion temporal in its
medium and maximum periods; the case covered by subdivision number
2 by prision correccional in its maximum period to prision mayor
in its minimum period; the case covered by subdivision number
3 by prision correccional in its medium and maximum periods; and
the case covered by subdivision number 4 by prision correccional
in its minimum and medium periods.

The
provisions of the preceding paragraph shall not be applicable to
a parent who shall inflict physical injuries upon his child by excessive
chastisement.

ARTICLE
264. Administering injurious substances or beverages. — The
penalties established by the next preceding article shall be applicable
in the respective cases to any person who, without intent to kill,
shall inflict upon another any serious physical injury, by knowingly
administering to him any injurious substance or beverages or by
taking advantage of his weakness of mind or credulity.

ARTICLE
265. Less serious physical injuries. — Any person who shall
inflict upon another physical injuries not described in the preceding
articles, but which shall incapacitate the offended party for labor
for ten days or more, or shall require medical attendance for the
same period, shall be guilty of less serious physical injuries and
shall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted
with the manifest intent to insult or offend the injured person,
or under circumstances adding ignominy to the offense, in addition
to the penalty of arresto mayor, a fine not exceeding 500 pesos
shall be imposed.

Any
less serious physical injuries inflicted upon the offender's parents,
ascendants, guardians, curators, teachers, or persons of rank, or
persons in authority, shall be punished by prision correccional
in its minimum and medium periods, provided that, in the case of
persons in authority, the deed does not constitute the crime of
assault upon such person.

1.
By arresto menor when the offender has inflicted physical injuries
which shall incapacitate the offended party for labor from one to
nine days, or shall require medical attendance during the same period.

2.
By arresto menor or a fine not exceeding 20 pesos and censure when
the offender has caused physical injuries which do not prevent the
offended party from engaging in his habitual work nor require medical
assistance.

3.
By arresto menor in its minimum period or a fine not exceeding 50
pesos when the offender shall ill-treat another by deed without
causing any injury.

ARTICLE
267. Kidnapping and serious illegal detention. — Any private
individual who shall kidnap or detain another, or in any other manner
deprive him of his liberty, shall suffer the penalty of reclusion
perpetua to death:

1.
If the kidnapping or detention shall have lasted more than three
days.

2.
If it shall have been committed simulating public authority.

3.
If any serious physical injuries shall have been inflicted upon
the person kidnapped or detained; or if threats to kill him shall
have been made.

4.
If the person kidnapped or detained shall be a minor, except when
the accused is any of the parents, female or a public officer.

The
penalty shall be death where the kidnapping or detention was committed
for the purpose of extorting ransom from the victim or any other
person, even if none of the circumstances abovementioned were present
in the commission of the offense.

When
the victim is killed or dies as a consequence of the detention or
is raped, or is subjected to torture or dehumanizing acts, the maximum
penalty shall be imposed. (As amended by Sec. 8, Republic Act No.
7659.)

ARTICLE
268. Slight illegal detention. — The penalty of reclusion
temporal shall be imposed upon any private individual who shall
commit the crimes described in the next preceding article without
the attendance of any of the circumstances enumerated therein. The
same penalty shall be incurred by anyone who shall furnish the place
for the perpetration of the crime.

If
the offender shall voluntarily release the person so kidnapped or
detained within three days from the commencement of the detention,
without having attained the purpose intended, and before the institution
of criminal proceedings against him, the penalty shall be prision
mayor in its minimum and medium periods and a fine not exceeding
700 pesos. (As amended by Republic Act No. 18, approved Sept. 25,
1946.)

ARTICLE
269. Unlawful arrest. — The penalty of arresto mayor and a
fine not exceeding 500 pesos shall be imposed upon any person who,
in any case other than those authorized by law, or without reasonable
ground therefor, shall arrest or detain another for the purpose
of delivering him to the proper authorities.

SECTION
2
Kidnapping of minors

ARTICLE
270. Kidnapping and failure to return a minor. — The penalty
of reclusion perpetua shall be imposed upon any person who, being
entrusted with the custody of a minor person, shall deliberately
fail to restore the latter to his parents or guardians. (As amended
by Republic Act No. 18.)

ARTICLE
271. Inducing a minor to abandon his home. — The penalty of
reclusion correccional and a fine not exceeding 700 pesos shall
be imposed upon anyone who shall induce a minor to abandon the home
of his parents or guardians or the persons entrusted with his custody.

If
the person committing any of the crimes covered by the two preceding
articles shall be the father or the mother of the minor, the penalty
shall be arresto mayor or a fine not exceeding 300 pesos, or both.(As
amended by Rep. Act No. 18.)

SECTION 3
Slavery and Servitude

ARTICLE
272. Slavery. — The penalty of prision mayor and a fine of
not exceeding 10,000 pesos shall be imposed upon anyone who shall
purchase, sell, kidnap or detain a human being for the purpose of
enslaving him.

If
the crime be committed for the purpose of assigning the offended
party to some immoral traffic, the penalty shall be imposed in its
maximum period.

ARTICLE
273. Exploitation of child labor. — The penalty of prision
correccional in its minimum and medium periods and a fine not exceeding
500 pesos shall be imposed upon anyone who, under the pretext of
reimbursing himself of a debt incurred by an ascendant, guardian
or person entrusted with the custody of a minor, shall, against
the latter's will, retain him in his service.

ARTICLE
274. Services rendered under compulsion in payment of debts. —
The penalty of arresto mayor in its maximum period to prision correccional
in its minimum period shall be imposed upon any person who, in order
to require or enforce the payment of a debt, shall compel the debtor
to work for him, against his will, as household servant or farm
laborer.

CHAPTER
TWO
Crimes Against Security
SECTION 1
Abandonment of helpless persons and exploitation of minors

ARTICLE
275. Abandonment of persons in danger and abandonment of one's own
victim. — The penalty of arresto mayor shall be imposed upon:

1.
Any one who shall fail to render assistance to any person whom he
shall find in an uninhabited place wounded or in danger of dying,
when he can render such assistance without detriment to himself,
unless such omission shall constitute a more serious offense.

2.
Anyone who shall fail to help or render assistance to another whom
he has accidentally wounded or injured.

3.
Anyone who, having found an abandoned child under seven years of
age, shall fail to deliver said child to the authorities or to his
family, or shall fail to take him to a safe place.

ARTICLE
276. Abandoning a minor. — The penalty of arresto mayor and
a fine not exceeding 500 pesos shall be imposed upon any one who
shall abandon a child under seven years of age, the custody of which
is incumbent upon him.

When
the death of the minor shall result from such abandonment, the culprit
shall be punished by prision correccional in its medium and maximum
periods; but if the life of the minor shall have been in danger
only, the penalty shall be prision correccional in its minimum and
medium periods.

The
provisions contained in the two preceding paragraphs shall not prevent
the imposition of the penalty provided for the act committed, when
the same shall constitute a more serious offense.

ARTICLE
277. Abandonment of minor by person entrusted with his custody;
indifference of parents. — The penalty of arresto mayor and
a fine not exceeding 500 pesos shall be imposed upon anyone who,
having charge of the rearing or education of a minor, shall deliver
said minor to a public institution or other persons, without the
consent of the one who entrusted such child to his care or in the
absence of the latter, without the consent of the proper authorities.

The
same penalty shall be imposed upon the parents who shall neglect
their children by not giving them the education which their station
in life require and financial condition permit.

ARTICLE
278. Exploitation of minors. — The penalty of prision correccional
in its minimum and medium periods and a fine not exceeding 500 pesos
shall be imposed upon:

1.
Any person who shall cause any boy or girl under sixteen years of
age to perform any dangerous feat of balancing, physical strength
or contortion.

2.
Any person who, being an acrobat, gymnast, rope-walker, diver, wild-animal
tamer or circus manager or engaged in a similar calling, shall employ
in exhibitions of these kinds of children under sixteen years of
age who are not his children or descendants.

3.
Any person engaged in any of the callings enumerated in the next
preceding paragraph who shall employ any descendant of his under
twelve years of age in such dangerous exhibitions.

4.
Any ascendant, guardian, teacher or person entrusted in any capacity
with the care of a child under sixteen years of age, who shall deliver
such child gratuitously to any person following any of the callings
enumerated in paragraph 2 hereof, or to any habitual vagrant or
beggar.

If
the delivery shall have been made in consideration of any price,
compensation, or promise, the penalty shall in every case be imposed
in its maximum period.

In
either case, the guardian or curator convicted shall also be removed
from office as guardian or curator; and in the case of the parents
of the child, they may be deprived, temporarily or perpetually,
in the discretion of the court, of their parental authority.

5.
Any person who shall induce any child under sixteen years of age
to abandon the home of its ascendants, guardians, curators, or teachers
to follow any person engaged in any of the callings mentioned in
paragraph 2 hereof, or to accompany any habitual vagrant or beggar.

ARTICLE
279. Additional penalties for other offenses. — The imposition
of the penalties prescribed in the preceding articles, shall not
prevent the imposition upon the same person of the penalty provided
for any other felonies defined and punished by this Code.

SECTION
2
Trespass to Dwelling

ARTICLE
280. Qualified trespass to dwelling. — Any private person
who shall enter the dwelling of another against the latter's will
shall be punished by arresto mayor and a fine not exceeding 1,000
pesos.

If
the offense be committed by means of violence or intimidation, the
penalty shall be prision correccional in its medium and maximum
periods and a fine not exceeding 1,000 pesos.

The provisions of this article shall not be applicable to any person
who shall enter another's dwelling for the purpose of preventing
some serious harm to himself, the occupants of the dwelling or a
third person, nor shall it be applicable to any person who shall
enter a dwelling for the purpose of rendering some service to humanity
or justice, nor to anyone who shall enter cafes, taverns, inn and
oth er public houses, while the same are open.

ARTICLE
281. Other forms of trespass. — The penalty of arresto menor
or a fine not exceeding 200 pesos, or both, shall be imposed upon
any person who shall enter the closed premises or the fenced estate
of another, while either of them are uninhabited, if the prohibition
to enter be manifest and the trespasser has not secured the permission
of the owner or the caretaker thereof.

SECTION
3
Threats and coercion

ARTICLE
282. Grave threats. — Any person who shall threaten another
with the infliction upon the person, honor or property of the latter
or of his family of any wrong amounting to a crime, shall suffer:

1.
The penalty next lower in degree than that prescribed by law for
the crime be threatened to commit, if the offender shall have made
the threat demanding money or imposing any other condition, even
though not unlawful, and said offender shall have attained his purpose.
If the offender shall not have attained his purpose, the penalty
lower by two degrees shall be imposed.
If the threat be made in writing or through a middleman, the penalty
shall be imposed in its maximum period.

2.
The penalty of arresto mayor and a fine not exceeding 500 pesos,
if the threat shall not have been made subject to a condition.

ARTICLE
283. Light threats. — A threat to commit a wrong not constituting
a crime, made in the manner expressed in subdivision 1 of the next
preceding article, shall be punished by arresto mayor.

ARTICLE
284. Bond for good behavior. — In all cases falling within
the two next preceding articles, the person making the threats may
also be required to give bail not to molest the person threatened,
or if he shall fail to give such bail, he shall be sentenced to
destierro.

ARTICLE
285. Other light threats. — The penalty of arresto menor in
its minimum period or a fine not exceeding 200 pesos shall be imposed
upon:

1.
Any person who, without being included in the provisions of the
next preceding article, shall threaten another with a weapon or
draw such weapon in a quarrel, unless it be in lawful self-defense.

2.
Any person who, in the heat of anger, shall orally threaten another
with some harm not constituting a crime, and who by subsequent acts
show that he did not persist in the idea involved in his threat,
provided that the circumstances of the offense shall not bring it
within the provisions of article 282 of this Code.

3.
Any person who shall orally threaten to do another any harm not
constituting a felony.

ARTICLE
286. Grave coercions. — The penalty of arresto mayor and a
fine not exceeding 500 pesos shall be imposed upon any person who,
without authority of law, shall, by means of violence, prevent another
from doing something not prohibited by law, or compel him to do
something against his will, whether it be right or wrong.

If
the coercion be committed for the purpose of compelling another
to perform any religious act or to prevent him from so doing, the
penalty next higher in degree shall be imposed.

ARTICLE
287. Light coercions. — Any person who, by means of violence,
shall seize anything belonging to his debtor for the purpose of
applying the same to the payment of the debt, shall suffer the penalty
of arresto mayor in its minimum period and a fine equivalent to
the value of the thing, but in no case less than 75 pesos.

Any
other coercions or unjust vexations shall be punished by arresto
menor or a fine ranging from 5to 200 pesos, or both.

ARTICLE
288. Other similar coercions. — (Compulsory purchase of merchandise
and payment of wages by means of tokens). — The penalty of
arresto mayor or a fine ranging from 200 to 500 pesos, or both,
shall be imposed upon any person, agent or officer, of any association
or corporation who shall force or compel, directly or indirectly,
or shall knowingly permit any laborer or employee employed by him
or by such firm or corporation to be forced or compelled, to purchase
merchandise or commodities of any kind.

The
same penalties shall be imposed upon any person who shall pay the
wages due a laborer or employee employed by him, by means of tokens
or objects other than the legal tender currency of the Philippine
Islands, unless expressly requested by the laborer or employee.

ARTICLE
289. Formation, maintenance and prohibition of combination of capital
or labor through violence or threats. — The penalty of arresto
mayor and a fine not exceeding 300 pesos shall be imposed upon any
person who, for the purpose of organizing, maintaining or preventing
coalitions of capital or labor, strike of laborers or lock-out of
employees, shall employ violence or threats in such a degree as
to compel or force the laborers or employers in the free and legal
exercise of their industry or work, if the act shall not constitute
a more serious offense in accordance with the provisions of this
Code.

CHAPTER
THREE
Discovery and Revelation of Secrets

ARTICLE
290. Discovering secrets through seizure of correspondence. —
The penalty of prision correccional in its minimum and medium periods
and a fine not exceeding 500 pesos shall be imposed upon any private
individual who in order to discover secrets of another, shall seize
his papers or letters and reveal the contents thereof.
If the offender shall not reveal such secrets, the penalty shall
be arresto mayor and a fine not exceeding 500 pesos.

This
provision shall not be applicable to parents, guardians, or persons
entrusted with the custody of minors with respect to the papers
or letters of the children or minors placed under their care or
custody, nor to spouses with respect to the papers or letters of
either of them.

ARTICLE
291. Revealing secrets with abuse of office. — The penalty
of arresto mayor and a fine not exceeding 500 pesos shall be imposed
upon any manager, employee, or servant who, in such capacity, shall
learn the secrets of his principal or master and shall reveal such
secrets.

ARTICLE
292. Revelation of industrial secrets. — The penalty of prision
correccional in its minimum and medium periods and a fine not exceeding
500 pesos shall be imposed upon the person in charge, employee or
workman of any manufacturing or industrial establishment who, to
the prejudice of the owner thereof, shall reveal the secrets of
the industry of the latter.

TITLE
TEN
Crimes Against Property
CHAPTER ONE
Robbery in General

ARTICLE
293. Who are guilty of robbery. — Any person who, with intent
to gain, shall take any personal property belonging to another,
by means of violence against or intimidation of any person, or using
force upon anything shall be guilty of robbery.

SECTION
1
Robbery with violence against or intimidation of persons

ARTICLE
294. Robbery with violence against or intimidation of persons —
Penalties. — Any person guilty of robbery with the use of
violence against or any person shall suffer:

1.
The penalty of reclusion perpetua to death, when by reason or on
occasion of the robbery, the crime of homicide shall have been committed,
or when the robbery shall have been accompanied by rape or intentional
mutilation or arson.

2.
The penalty of reclusion temporal in its medium period to reclusion
perpetua, when or if by reason or on occasion of such robbery, any
of the physical injuries penalized in subdivision 1 of article 263
shall have been inflicted.

3.
The penalty of reclusion temporal, when by reason or on occasion
of the robbery, any of the physical injuries penalized in subdivision
2 of the article mentioned in the next preceding paragraph, shall
have been inflicted.

4.
The penalty of prision mayor in its maximum period to reclusion
temporal in its medium period, if the violence or intimidation employed
in the commission of the robbery shall have been carried to a degree
clearly unnecessary for the commission of the crime, or when in
the course of its execution, the offender shall have inflicted upon
any person not responsible for its commission any of the physical
injuries covered by subdivisions 3 and 4 of said Article 263.

5.
The penalty of prision correccional in its maximum period to prision
mayor in its medium period in other cases. (As amended by Sec. 9,
Republic Act No. 7659.)

ARTICLE
295. Robbery with physical injuries, committed in an uninhabited
place and by a band, or with the use of firearm on a street, road
or alley. — If the offenses mentioned in subdivisions three,
four, and five of the next preceding article shall have been committed
in an uninhabited place or by a band, or by attacking a moving train,
street car, motor vehicle or airship, or by entering the passenger's
compartments in a train or, in any manner, taking the passengers
thereof by surprise in the respective conveyances, or on a street,
road, highway, or alley, and the intimidation is made with the use
of a firearm, the offender shall be punished by the maximum period
of the proper penalties. (As amended by Republic Act Nos. 12 and
373.)

ARTICLE
296. Definition of a band and penalty incurred by the members thereof
. — When more than three armed malefactors take part in the
commission of a robbery, it shall be deemed to have been committed
by a band. When any of the arms used in the commission of the offense
be an unlicensed firearm, the penalty to be imposed upon all the
malefactors shall be the maximum of the corresponding penalty provided
by law, without prejudice of the criminal liability for illegal
possession of such unlicensed firearms.

Any
member of a band who is present at the commission of a robbery by
the band, shall be punished as principal of any of the assaults
committed by the band, unless it be shown that he attempted to prevent
the same. (As amended by Republic Act No. 12.)

ARTICLE
297. Attempted and frustrated robbery committed under certain circumstances.
— When by reason or on occasion of an attempted or frustrated
robbery a homicide is committed, the person guilty of such offenses
shall be punished by reclusion temporal in its maximum period to
reclusion perpetua, unless the homicide committed shall deserve
a higher penalty under the provisions of this Code.

ARTICLE
298. Execution of deeds by means of violence or intimidation. —
Any person who, with intent to defraud another, by means of violence
or intimidation, shall compel him to sign, execute or deliver any
public instrument or document, shall be held guilty of robbery and
punished by the penalties respectively prescribed in this Chapter.

SECTION
2
Robbery by the use of force upon things

ARTICLE
299. Robbery in an inhabited house or public building or edifice
devoted to worship. — Any armed person who shall commit robbery
in an inhabited house or public building or edifice devoted to religious
worship, shall be punished by reclusion temporal, if the value of
the property taken shall exceed 250 pesos, and if —

(a)
The malefactors shall enter the house or building in which the robbery
was committed, by any of the following means:

1.
Through an opening not intended for entrance or egress.

2.
By breaking any wall, roof, or floor or breaking any door or window.

3.
By using false keys, picklocks or similar tools.

4.
By using any fictitious name or pretending the exercise of public
authority.

Or
if —

(b)
The robbery be committed under any of the following circumstances:

1.
By the breaking of doors, wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle;

2.
By taking such furniture or objects away to be broken or forced
open outside the place of the robbery. (As amended by Republic Act
No. 18.)

When
the offenders do not carry arms, and the value of the property taken
exceeds 250 pesos, the penalty next lower in degree shall be imposed.

The
same rule shall be applied when the offenders are armed, but the
value of the property taken does not exceed 250 pesos.

When
said offenders do not carry arms and the value of the property taken
does not exceed 250 pesos, they shall suffer the penalty prescribed
in the two next preceding paragraphs, in its minimum period.

If
the robbery be committed in one of the dependencies of an inhabited
house, public building, or building dedicated to religious worship,
the penalties next lower in degree than those prescribed in this
article shall be imposed.

ARTICLE
300. Robbery in an uninhabited place and by a band. — The
robbery mentioned in the next preceding article, if committed in
an uninhabited place and by a band, shall be punished by the maximum
period of the penalty provided therefor.
ARTICLE 301. What is an inhabited house, public building or building
dedicated to religious worship and their dependencies. — Inhabited
house means any shelter, ship or vessel constituting the dwelling
of one or more persons, even though the inhabitants thereof shall
temporarily be absent therefrom when the robbery is committed.

All
interior courts, corrals, warehouse, granaries, barns, coach-houses,
stables or other departments or enclosed places contiguous to the
building or edifice, having an interior entrance connected therewith,
and which form part of the whole, shall be deemed dependencies of
an inhabited house, public building or building dedicated to religious
worship.

Orchards
and other lands used for cultivation or production are not included
in the terms of the next preceding paragraph, even if closed, contiguous
to the building and having direct connection therewith.

The
term "public building" includes every building owned by
the Government or belonging to a private person but used or rented
by the Government, although temporarily unoccupied by the same.

ARTICLE
302. Robbery is an uninhabited place or in a private building. —
Any robbery committed in an uninhabited place or in a building other
than those mentioned in the first paragraph of article 299, if the
value of the property taken exceeds 250 pesos, shall be punished
by prision correccional if any of the following circumstances is
present:

1.
If the entrance has been effected through any opening not intended
for entrance or egress.

2.
If any wall, roof, floor or outside door or window has been broken.

3.
If the entrance has been effected through the use of false keys,
picklocks or other similar tools.

4.
If any door, wardrobe, chest or any sealed or closed furniture or
receptacle has been broken.

5.
If any closed or sealed receptacle, as mentioned in the preceding
paragraph, has been removed, even if the same broken open elsewhere.

When
the value of the property taken does not exceed 250 pesos, the penalty
next lower in degree shall be imposed.

In
the cases specified in articles 294, 295, 297, 299, 300, and 302
of this Code, when the property taken is mail matter or larger cattle,
the offender shall suffer the penalties next higher in degree than
those provided in said articles.(As amended by Com. Act No. 417.)

ARTICLE
303. Robbery of cereals, fruits, or firewood in an uninhabited place
or private building. — In the cases enumerated in articles
299 and 302, when the robbery consists in the taking of cereals,
fruits, or firewood, the culprit shall suffer the penalty next lower
in degree than that prescribed in said articles.

ARTICLE
304. Possession of picklocks or similar tools. — Any person
who shall without lawful cause have in his possession picklocks
or similar tools especially adopted to the commission of the crime
of robbery, shall be punished by arresto mayor in its maximum period
to prision correccional in its minimum period.

The
same penalty shall be imposed upon any person who shall make such
tools. If the offender be a locksmith, he shall suffer the penalty
of prision correccional in its medium and maximum periods.

3.
Any keys other than those intended by the owner for use in the lock
forcibly opened by the offender.

CHAPTER
TWO
Brigandage

ARTICLE
306. Who are brigands — Penalty. — When more than three
armed persons form a band of robbers for the purpose of committing
robbery in the highway, or kidnapping persons for the purpose of
extortion or to obtain ransom, for any other purpose to be attained
by means of force and violence, they shall be deemed highway robbers
or brigands.

Persons found guilty of this offense shall be punished by prision
mayor in its medium period to reclusion temporal in its minimum
period if the act or acts committed by them are not punishable by
higher penalties, in which case, they shall suffer such high penalties.

If
any of the arms carried by any of said persons be an unlicensed
firearm, it shall be presumed that said persons are highway robbers
or brigands, and in case of conviction the penalty shall be imposed
in the maximum period. (As amended by Republic Act No. 12.)

ARTICLE
307. Aiding and abetting a band of brigands. — Any person
knowingly and in any manner aiding, abetting or protecting a band
of brigands as described in the next preceding article, or giving
them information of the movements of the police or other peace officers
of the Government (or of the forces of the United States Army when
the latter are acting in aid of the Government), or acquiring or
receiving the property taken by such brigands, shall be punished
by prision correccional in its medium period to prision mayor in
its minimum period.

It shall be presumed that the person performing any of the acts
provided in this article has performed them knowingly, unless the
contrary is proven.

CHAPTER
THREE
Theft

ARTICLE
308. Who are liable for theft. — Theft is committed by any
person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal
property of another without the latter's consent.

Theft
is likewise committed by:

1.
Any person who, having found lost property, shall fail to deliver
the same to the local authorities or to its owner;

2.
Any person who, after having maliciously damaged the property of
another, shall remove or make use of the fruits or object of the
damage caused by him; and

3.
Any person who shall enter an enclosed estate or a field where trespass
is forbidden or which belongs to another and without the consent
of its owner, shall hunt or fish upon the same or shall gather cereals,
or other forest or farm products.

1.
The penalty of prision mayor in its minimum and medium periods,
if the value of the thing stolen is more than 12,000 pesos but does
not exceed 22,000 pesos; but if the value of the thing stolen exceeds
the latter amount, the penalty shall be the maximum period of the
one prescribed in this paragraph, and one year for each additional
ten thousand pesos, but the total of the penalty which may be imposed
shall not exceed twenty years. In such cases, and in connection
with the accessory penalties which may be imposed and for the purpose
of the other provisions of this Code, the penalty shall be termed
prision mayor or reclusion temporal, as the case may be.

2.
The penalty of prision correccional in its medium and maximum periods,
if the value of the thing stolen is more than 6,000 pesos but does
not exceed 12,000 pesos.

3.
The penalty of prision correccional in its minimum and medium periods,
if the value of the property stolen is more than 200 pesos but does
not exceed 6,000 pesos.

4.
Arresto mayor in its medium period to prision correccional in its
minimum period, if the value of the property stolen is over 50 pesos
but does not exceed 200 pesos.

5.
Arresto mayor to its full extent, if such value is over 5 pesos
but does not exceed 50 pesos.

6.
Arresto mayor in its minimum and medium periods, if such value does
not exceed 5 pesos.

7.
Arresto menor or a fine not exceeding 200 pesos, if the theft is
committed under the circumstances enumerated in paragraph 3 of the
next preceding article and the value of the thing stolen does not
exceed 5 pesos. If such value exceeds said amount, the provisions
of any of the five preceding subdivisions shall be made applicable.

8.
Arresto menor in its minimum period or a fine not exceeding 50 pesos,
when the value of the thing stolen is not over 5 pesos, and the
offender shall have acted under the impulse of hunger, poverty,
or the difficulty of earning a livelihood for the support of himself
or his family.

ARTICLE
310. Qualified theft. — The crime of theft shall be punished
by the penalties next higher by two degrees than those respectively
specified in the next preceding article, if committed by a domestic
servant, or with grave abuse of confidence, or if the property stolen
is motor vehicle, mail matter or large cattle or consists of coconuts
taken from the premises of a plantation, fish taken from a fishpond
or fishery or if property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity, vehicular accident
or civil disturbance. (As amended by Republic Act 120 and Batas
Pambansa Blg. 71. May 1, 1980)

ARTICLE
311. Theft of the property of the National Library and National
Museum. — If the property stolen be any property of the National
Library or of the National Museum, the penalty shall be arresto
mayor or a fine ranging from 200 to 500 pesos, or both, unless a
higher penalty should be provided under other provisions of this
Code, in which case, the offender shall be punished by such higher
penalty.

CHAPTER
FOUR
Usurpation

ARTICLE
312. Occupation of real property of usurpation of real rights in
property. — Any person who, by means of violence against or
intimidation of persons, shall take possession of any real property
or shall usurp any real rights in property belonging to another,
in addition to the penalty incurred for the acts of violence executed
by him, shall be punished by a fine from 50 to 100 per centum of
the gain which he shall have obtained, but not less than 75 pesos.

If
the value of the gain cannot be ascertained, a fine of from 200
to 500 pesos shall be imposed.
ARTICLE 313. Altering boundaries or landmarks. — Any person
who shall alter the boundary marks or monuments of towns, provinces,
or estates, or any other marks intended to designate the boundaries
of the same, shall be punished by arresto menor or a fine not exceeding
100 pesos, or both.

CHAPTER
FIVE
Culpable Insolvency

ARTICLE
314. Fraudulent insolvency. — Any person who shall abscond
with his property to the prejudice of his creditors, shall suffer
the penalty of prision mayor, if he be a merchant, and the penalty
of prision correccional in its maximum period to prision mayor in
its medium period, if he be not a merchant.

CHAPTER
SIX
Swindling and Other Deceits

ARTICLE
315. Swindling (estafa). — Any person who shall defraud another
by any of the means mentioned hereinbelow shall be punished by:

1st.
The penalty of prision correccional in its maximum period to prision
mayor in its minimum period, if the amount of the fraud is over
12,000 pesos but does not exceed 22,000 pesos, and if such amount
exceeds the latter sum, the penalty provided in this paragraph shall
be imposed in its maximum period, adding one year for each additional
10,000 pesos; but the total penalty which may be imposed shall not
exceed twenty years. In such case, and in connection with the accessory
penalties which may be imposed and for the purpose of other the
provisions of this Code, the penalty shall be termed prision mayor
or reclusion temporal, as the case may be.
2nd. The penalty of prision correccional in its minimum and medium
periods, if the amount of the fraud is over 6,000 pesos but does
not exceed 12,000 pesos;

3rd.
The penalty of arresto mayor in its maximum period to prision correccional
in its minimum period, if such amount is over 200 pesos but does
not exceed 6,000 pesos; and

4th.
By arresto mayor in its medium and maximum periods, if such amount
does not exceed 200 pesos, provided that in the four cases mentioned,
the fraud be committed by any of the following means:

1.
With unfaithfulness or abuse of confidence, namely:

(a)
By altering the substance, quantity, or quality of anything of value
which the offender shall deliver by virtue of an obligation to do
so, even though such obligation be based on an immoral or illegal
consideration.

(b)
By misappropriating or converting, to the prejudice of another,
money, goods, or any other personal property received by the offender
in trust or on commission, or for administration, or under any other
obligation involving the duty to make delivery of or to return the
same, even though such obligation be totally or partially guaranteed
by a bond; or by denying having received such money, goods, or other
property.

(c)
By taking undue advantage of the signature of the offended party
in blank, and by writing any document above such signature in blank,
to the prejudice of the offended party or of any third person.

2.
By means of any of the following false pretenses or fraudulent acts
executed prior to or simultaneously with the commission of the fraud:

(a)
By using fictitious name, or falsely pretending to possess power,
influence, qualifications, property, credit, agency, business or
imaginary transactions, or by means of other similar deceits.

(b)
By altering the quality, fineness or weight of anything pertaining
to his art or business.

(c)
By pretending to have bribed any Government employee, without prejudice
to the action for calumny which the offended party may deem proper
to bring against the offender. In this case, the offender shall
be punished by the maximum period of the penalty.

(d)
By post-dating a check, or issuing a check in payment of an obligation
when the offender had no funds in the bank, or his funds deposited
therein were not sufficient to cover the amount of check. The failure
of the drawer of the check to deposit the amount necessary to cover
his check within three (3) days from receipt of notice from the
bank and/or the payee or holder that said check has been dishonored
for lack of insufficiency of funds shall be prima facie evidence
of deceit constituting false pretense or fraudulent act. (As amended
by Republic Act No. 4885, approved June 17, 1967.)

(e)
By obtaining any food, refreshment or accommodation at a hotel,
inn, restaurant, boarding house, lodging house, or apartment house
and the like without paying therefor, with intent to defraud the
proprietor or manager thereof, or by obtaining credit at a hotel,
inn, restaurant, boarding house, lodging house, or apartment house
by the use of any false pretense, or by abandoning or surreptitiously
removing any part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment house after obtaining
credit, food, refreshment or accommodation therein without paying
for his food, refreshment or accommodation. (As amended by Com.
Act No. 157.)

3.
Through any of the following fraudulent means:

(a)
By inducing another, by means of deceit, to sign any document.

(b)
By resorting to some fraudulent practice to insure success in a
gambling game.

(c)
By removing, concealing or destroying, in whole or in part, any
court record, office files, document or any other papers.

ARTICLE
316. Other forms of swindling. — The penalty of arresto mayor
in its minimum and medium periods and a fine of not less than the
value of the damage caused and not more than three times such value,
shall be imposed upon:

1.
Any person who, pretending to be owner of any real property, shall
convey, sell, encumber or mortgage the same.

2.
Any person, who, knowing that real property is encumbered, shall
dispose of the same, although such encumbrance be not recorded.

3.
The owner of any personal property who shall wrongfully take it
from its lawful possessor, to the prejudice of the latter or any
third person.

4.
Any person who, to the prejudice of another, shall execute any fictitious
contract.

5.
Any person who shall accept any compensation given him under the
belief that it was in payment of services rendered or labor performed
by him, when in fact he did not actually perform such services or
labor.

6.
Any person who, while being a surety in a bond given in a criminal
or civil action, without express authority from the court or before
the cancellation of his bond or before being relieved from the obligation
contracted by him, shall sell, mortgage, or, in any other manner,
encumber the real property or properties with which he guaranteed
the fulfillment of such obligation.

ARTICLE
317. Swindling a minor. — Any person who taking advantage
of the inexperience or emotions or feelings of a minor, to his detriment,
shall induce him to assume any obligation or to give any release
or execute a transfer of any property right in consideration of
some loan of money, credit or other personal property, whether the
loan clearly appears in the document or is shown in any other form,
shall suffer the penalty of arresto mayor and a fine of a sum ranging
from 10 to 50 per cent of the value of the obligation contracted
by the minor. dctai

ARTICLE
318. Other deceits. — The penalty of arresto mayor and a fine
of not less than the amount of the damage caused and not more than
twice such amount shall be imposed upon any person who shall defraud
or damage another by any other deceit not mentioned in the preceding
articles of this chapter.

Any
person who, for profit or gain, shall interpret dreams, make forecasts,
tell fortunes, or take advantage of the credulity of the public
in any other similar manner, shall suffer the penalty of arresto
menor or a fine not exceeding 200 pesos.

CHAPTER
SEVEN
Chattel Mortgage

ARTICLE
319. Removal, sale or pledge of mortgaged property. — The
penalty or arresto mayor or a fine amounting to twice the value
of the property shall be imposed upon:

1.
Any person who shall knowingly remove any personal property mortgaged
under the Chattel Mortgage Law to any province or city other than
the one in which it was located at the time of the execution of
the mortgage, without the written consent of the mortgagee, or his
executors, administrators or assigns.

2.
Any mortgagor who shall sell or pledge personal property already
pledged, or any part thereof, under the terms of the Chattel Mortgage
Law, without the consent of the mortgagee written on the back of
the mortgage and noted on the record thereof in the office of the
register of deeds of the province where such property is located.

CHAPTER
EIGHT
Arson and Other Crimes Involving Destruction 3

ARTICLE
320. Destructive arson. — The penalty of reclusion perpetua
to death shall be imposed upon any person who shall burn:

1.
One (1) or more buildings or edifices, consequent to one single
act of burning, or as a result of simultaneous burnings, or committed
on several or different occasions.

2.
Any building of public or private ownership, devoted to the public
in general or where people usually gather or congregate for a definite
purpose such as, but not limited to official governmental function
or business, private transaction, commerce, trade workshop, meetings
and conferences, or merely incidental to a definite purpose such
as but not limited to hotels, motels, transient dwellings, public
conveyance or stops or terminals, regardless also of whether the
building is actually inhabited or not.
3. Any train or locomotive, ship or vessel, airship or airplane,
devoted to transportation or conveyance, or for public use, entertainment
or leisure.

4.
Any building, factory, warehouse installation and any appurtenances
thereto, which are devoted to the service of public utilities.

5.
Any building the burning of which is for the purpose of concealing
or destroying evidence of another violation of law, or for the purpose
of concealing bankruptcy or defrauding creditors or to collect from
insurance.

Irrespective
of the application of the above enumerated qualifying circumstances,
the penalty of reclusion perpetua to death shall likewise be imposed
when the arson is perpetrated or committed by two (2) or more persons
or by a group of persons, regardless of whether their purpose is
merely to burn or destroy the building or the burning merely constitutes
an overt act in the commission or another violation of law.

The
penalty of reclusion perpetua to death shall also be imposed upon
any person who shall burn:

1.
Any arsenal, shipyard, storehouse or military powder or fireworks
factory, ordinance, storehouse, archives or general museum of the
Government.

2.
In an inhabited place, any storehouse or factory of inflammable
or explosive materials.
If as a consequence of the commission of any of the acts penalized
under this Article, death results, the mandatory penalty of death
shall be imposed. (As amended by Sec. 10, Republic Act No. 7659.)

ARTICLE
321. Other forms of arson. — When the arson consists in the
burning of other property and under the circumstances given hereunder,
the offender shall be punishable:

1.
By reclusion temporal or reclusion perpetua:

(a)
if the offender shall set fire to any building, farmhouse, warehouse,
hut, shelter, or vessel in port, knowing it to be occupied at the
time by one or more persons;

(b)
If the building burned is a public building and value of the damage
caused exceeds 6,000 pesos;

(c)
If the building burned is a public building and the purpose is to
destroy evidence kept therein to be used in instituting prosecution
for the punishment of violators of the law, irrespective of the
amount of the damage;

(d)
If the building burned is a public building and the purpose is to
destroy evidence kept therein to be used in any legislative, judicial
or administrative proceedings, irrespective of the amount of the
damage; Provided, however, That if the evidence destroyed is to
be used against the defendant for the prosecution of any crime punishable
under existing laws, the penalty shall be reclusion perpetua;

(e)
If the arson shall have been committed with the intention of collecting
under an insurance policy against loss or damage by fire.

2.
By reclusion temporal:

(a)
If an inhabited house or any other building in which people are
accustomed to meet is set on fire, and the culprit did not know
that such house or building was occupied at the time, or if he shall
set fire to a moving freight train or motor vehicle, and the value
of the damage caused exceeds 6,000 pesos;

(b)
If the value of the damage caused in paragraph (b) of the preceding
subdivision does not exceed 6,000 pesos;

(c)
If a farm, sugar mill, cane mill, mill central, bamboo groves or
any similar plantation is set on fire and the damage caused exceeds
6,000 pesos; and

(d)
If grain fields, pasture lands, or forests, or plantings are set
on fire, and the damage caused exceeds 6,000 pesos.

3.
By prision mayor:

(a)
If the value of the damage caused in the case mentioned in paragraphs
(a), (c), and (d) in the next preceding subdivision does not exceed
6,000 pesos;

(b)
If a building not used as a dwelling or place of assembly, located
in a populated place, is set on fire, and the damage caused exceeds
6,000 pesos;

4.
By prision correccional in its maximum period to prision mayor in
its medium period:

(a)
If a building used as dwelling located in an uninhabited place is
set on fire and the damage caused exceeds 1,000 pesos;

(b)
If the value of the damage caused in the case mentioned in paragraphs
(c) and (d) of
subdivision 2 of this article does not exceed 200 pesos.

5.
By prision correccional in its medium period to prision mayor in
its minimum period, when the damage caused is over 200 pesos but
does not exceed 1,000 pesos, and the property referred to in paragraph
(a) of the preceding subdivision is set on fire; but when the value
of such property does not exceed 200 pesos, the penalty next lower
in degree than that prescribed in this subdivision shall be imposed.

6.
The penalty of prision correccional in its medium and maximum periods,
if the damage caused in the case mentioned in paragraph (b) of subdivision
3 of this article does not exceed 6,000 pesos but is over 200 pesos.

7.
The penalty of prision correccional in its minimum and medium periods,
if the damage caused in the case mentioned in paragraph (b) subdivision
3 of this article does not exceed 200 pesos.

8.
The penalty of arresto mayor and a fine ranging from fifty to one
hundred per centum of the damage caused shall be imposed, when the
property burned consists of grain fields, pasture lands, forests,
or plantations when the value of such property does not exceed 200
pesos. (As amended by Republic Act No. 5467, approved May 12, 1969.)

ARTICLE
322. Cases of arson not included in the preceding articles. —
Cases of arson not included in the next preceding articles shall
be punished:

1.
By arresto mayor in its medium and maximum periods, when the damage
caused does not exceed 50 pesos;

2.
By arresto mayor in its maximum period to prision correccional in
its minimum period, when the damage caused is over 50 pesos but
does not exceed 200 pesos;

3.
By prision correccional in its minimum and medium periods, if the
damage caused is over 200 pesos but does not exceed 1,000 pesos;
and

4.
By prision correccional in its medium and maximum periods, if it
is over 1,000 pesos.

ARTICLE
323. Arson of property of small value. — The arson of any
uninhabited hut, storehouse, barn, shed, or any other property the
value of which does not exceed 25 pesos, committed at a time or
under circumstances which clearly exclude all danger of the fire
spreading, shall not be punished by the penalties respectively prescribed
in this chapter, but in accordance with the damage caused and under
the provisions of the following chapter.

ARTICLE
324. Crimes involving destruction. — Any person who shall
cause destruction by means of explosion, discharge of electric current,
inundation, sinking or stranding of a vessel, intentional damaging
of the engine of said vessel, taking up the rails from a railway
track, maliciously changing railway signals for the safety of moving
trains, destroying telegraph wires and telegraph posts, or those
of any other system, and, in general, by using any other agency
or means of destruction as effective as those above enumerated,
shall be punished by reclusion temporal if the commission has endangered
the safety of any person; otherwise, the penalty of prision mayor
shall be imposed.

ARTICLE
325. Burning one's own property as means to commit arson. —
Any person guilty of arson or causing great destruction of property
belonging to another shall suffer the penalties prescribed in this
chapter, even though he shall have set fire to or destroyed his
own property for the purpose of committing the crime.

ARTICLE
326. Setting fire to property exclusively owned by the offender.
— If the property burned shall be the exclusive property of
the offender, he shall be punished by arresto mayor in its maximum
period to prision correccional in its minimum period, if the arson
shall have been committed for the purpose of defrauding or causing
damage to another, or prejudice shall actually have been caused,
or if the thing burned shall have been a building in an inhabited
place.

ARTICLE
326-A. In cases where death resulted as a consequence of arson.
— If death resulted as a consequence of arson committed on
any of the properties and under any of the circumstances mentioned
in the preceding articles, the court shall impose the death penalty.

ARTICLE
326-B. Prima facie evidence of arson. — Any of the following
circumstances shall constitute prima facie evidence of arson:

1.
If after the fire, are found materials or substances soaked in gasoline,
kerosene, petroleum, or other inflammables, or any mechanical, electrical,
chemical, or electronic contrivance, designed to start a fire or
ashes or traces of any of the foregoing.

2.
That substantial amount of inflammable substance or materials were
stored within the building not necessary in the course of the defendant's
business; and

3.
That the fire started simultaneously in more than one part of the
building or locale under circumstances that cannot normally be due
to accidental or unintentional causes: Provided, however, That at
least one of the following is present in any of the three above-mentioned
circumstances:

(a)
That the total insurance carried on the building and/or goods is
more than 80 per cent of the value of such building and/or goods
at the time of the fire;

(b)
That the defendant after the fire has presented a fraudulent claim
for loss.
The penalty of prision correccional shall be imposed on one who
plants the articles above-mentioned, in order to secure a conviction,
or as a means of extortion or coercion. (As amended by Republic
Act No. 5467, approved May 12, 1969.)

PRESIDENTIAL
DECREE NO. 1613
AMENDING THE LAW ON ARSON

WHEREAS,
findings of the police and intelligence agencies of the government
reveal that fires and other crimes involving destruction in Metro
Manila and other urban centers in the country are being perpetuated
by criminal syndicates, some of which have foreign connections;

WHEREAS,
the current law on arson suffers from certain inadequacies that
impede the successful enforcement and prosecution of arsonists;

WHEREAS,
it is imperative that the high incidence of fires and other crimes
involving destruction be prevented to protect the national economy
and preserve the social, economic and political stability of the
country;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree as part of the law of the land, the following:

SECTION
1. Arson. — Any person who burns or sets fire to the property
of another shall be punished by prision mayor.

The
same penalty shall be imposed when a person sets fire to his own
property under circumstances which expose to danger the life or
property of another.

SECTION
2. Destructive Arson. — The penalty of reclusion temporal
in its maximum period to reclusion perpetua shall be imposed if
the property burned is any of the following:

1.
Any ammunition factory and other establishments where explosives,
inflammable or combustible materials are stored.

2.
Any archive, museum, whether public or private, or any edifice devoted
to culture, education or social services.

3.
Any church or place of worship or other building where people usually
assemble.

4.
Any train, airplane or any aircraft, vessel or watercraft, or conveyance
for transportation of persons or property.

5.
Any building where evidence is kept for use in any legislative,
judicial, administrative or other official proceedings.

6.
Any hospital, hotel, dormitory, lodging house, housing tenement,
shopping center, public or private market, theater or movie house
or any similar place or building.

7.
Any building, whether used as a dwelling or not, situated in a populated
or congested area.

SECTION
3. Other Cases of Arson. — The penalty of reclusion temporal
to reclusion perpetua shall be imposed if the property burned is
any of the following:

1.
Any building used as offices of the government or any of its agencies;

2.
Any uninhabited house or dwelling;

3.
Any industrial establishment, shipyard, oil well or mine shaft,
platform or tunnel;

SECTION
4. Special Aggravating Circumstances in Arson. — The penalty
in any case of arson shall be imposed in its maximum period:

1.
If committed with the intent to gain;

2.
If committed for the benefit of another;

3.
If the offender is motivated by spite or hatred towards the owner
or occupant of the property burned;

4.
If committed by a syndicate.
The offense is committed by a syndicate if it is planned or carried
out by a group of three (3) or more persons.

SECTION
5. Where Death Results from Arson. — If by reason of or on
the occasion of arson death results, the penalty of reclusion perpetua
to death shall be imposed.

SECTION
6. Prima Facie Evidence of Arson. — Any of the following circumstances
shall constitute prima facie evidence of arson:

1.
If the fire started simultaneously in more than one part of the
building or establishment.

2.
If substantial amount of flammable substances or materials are stored
within the building not necessary in the business of the offender
nor for household use.

3.
If gasoline, kerosene, petroleum or other flammable or combustible
substances or materials soaked therewith or containers thereof,
or any mechanical, electrical, chemical, or electronic contrivance
designed to start a fire, or ashes or traces of any of the foregoing
are found in the ruins or premises of the burned building or property.

4.
If the building or property is insured for substantially more than
its actual value at the time of the issuance of the policy.

5.
If during the lifetime of the corresponding fire insurance policy
more than two fires have occurred in the same or other premises
owned or under the control of the offender and/or insured.

6.
If shortly before the fire, a substantial portion of the effects
insured and stored in a building or property had been withdrawn
from the premises except in the ordinary course of business.

7.
If a demand for money or other valuable consideration was made before
the fire in exchange for the desistance of the offender or for the
safety of other person or property of the victim.

SECTION
8. Confiscation of Object of Arson. — The building which is
the object of arson including the land on which it is situated shall
be confiscated and escheated to the State, unless the owner thereof
can prove that he has no participation in nor knowledge of such
arson despite the exercise of due diligence on his part.

SECTION
9. Repealing Clause. — The provisions of Articles 320 to 326-B
of the Revised Penal Code and all laws, executive orders, rules
and regulations, or parts thereof, inconsistent with the provisions
of this Decree are hereby repealed or amended accordingly.

SECTION
10. Effectivity. — This Decree shall take effect immediately
upon publication thereof at least once in a newspaper of general
circulation.

Done
in the City of Manila, this 7th day of March, in the year of Our
Lord, nineteen hundred and seventy nine.

PRESIDENTIAL
DECREE NO. 1744

AMENDING
ARTICLE THREE HUNDRED AND TWENTY OF THE REVISED PENAL CODE PROVISION
ON ARSON

WHEREAS,
there have been rampant and wanton burnings of residential houses,
public buildings, markets, hotels and other commercial establishments;

WHEREAS,
to effectively discourage and deter the commission of arson, and
to prevent destruction of properties and protect the lives of innocent
people, it is necessary that the capital punishment be imposed upon
arsonists;

NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines
by virtue of the powers vested in me by the Constitution, do hereby
order and decree that Article 320, Revised Penal Code be amended:

"Art.
320. Destructible Arson. — The penalty of reclusion temporal
in its maximum period to death shall be imposed upon any person
who shall burn:

1.
One (1) or more buildings or edifices, consequent to one single
act of burning, or as a result of simultaneous burnings, or committed
on several or different occasions;

2.
Any building of public or private ownership, devoted to the public
in general or where people usually gather or congregate for a definite
purpose such as but not limited to official governmental function
or business, private transaction, commerce, trade workshop, meetings
and conferences, or merely incidental to a definite purpose such
as but not limited to hotels, motels, transient dwellings, public
conveyance or stops or terminals, regardless of whether the offender
had knowledge that there are persons in said building or edifice
at the time it is set on fire and regardless also of whether the
building is actually inhabited or not.

3.
Any train or locomotive, ship or vessel, airship or airplane, devoted
to transportation or conveyance, or for public use, entertainment
or leisure.

4.
Any building, factory, warehouse installation and any appurtenances
thereto, which are devoted to the service of public utilities.

5.
Any building the burning of which is for the purpose of concealing
or destroying evidence of another violation of law, or for the purpose
of concealing bankruptcy or defrauding creditors or to collect from
insurance.

Irrespective
of the application of the above enumerated qualifying circumstances,
the penalty of death shall likewise be imposed when the arson is
perpetrated or committed by two (2) or more persons or by a group
of persons, regardless of whether their purpose is merely to burn
or destroy the building or the burning merely constitutes an overt
act in the commission or another violation of law.

The
penalty of reclusion temporal in its maximum period to death shall
also be imposed upon any person who shall burn:

1.
Any arsenal, shipyard, storehouse or military powder or fireworks
factory, ordinance, storehouse, archives or general museum of the
government.

2.
In an inhabited place, any storehouse or factory of inflammable
or explosive materials.
If as a consequence of his commission of any of the acts penalized
under this Article, death or injury results, or any valuable documents,
equipment, machineries, apparatus, or other valuable properties
were burned or destroyed, the mandatory penalty of death shall be
imposed."

SECTION
2. Provisions of Articles 320, 321 and 322 of the Revised Penal
Code which are or may be inconsistent herewith are hereby repealed.

SECTION
3. Effectivity. — This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of November, in the year
of Our Lord, nineteen hundred and eighty.

CHAPTER
NINE
Malicious Mischief

ARTICLE
327. Who are liable for malicious mischief. — Any person who
shall deliberately cause to the property of another any damage not
falling within the terms of the next preceding chapter shall be
guilty of malicious mischief.

ARTICLE 328. Special cases of malicious mischief . — Any person
who shall cause damage to obstruct the performance of public functions,
or using any poisonous or corrosive substance; or spreading any
infection or contagion among cattle; or who cause damage to the
property of the National Museum or National Library, or to any archive
or registry, waterworks, road, promenade, or any other thing used
in common by the public, shall be punished:

1. By prision correccional in its minimum and medium periods, if
the value of the damage caused exceeds 1,000 pesos;

2.
By arresto mayor, if such value does not exceed the abovementioned
amount but it is over 200 pesos; and

3.
By arresto menor, if such value does not exceed 200 pesos.

ARTICLE
329. Other mischiefs. — The mischiefs not included in the
next preceding article shall be punished:

1.
By arresto mayor in its medium and maximum periods, if the value
of the damage caused exceeds 1,000 pesos;

2.
By arresto mayor in its minimum and medium periods, if such value
is over 200 pesos but does not exceed 1,000 pesos; and

3.
By arresto menor or fine of not less than the value of the damage
caused and not more than 200 pesos, if the amount involved does
not exceed 200 pesos or cannot be estimated. (As amended by Act
No. 3999.)

ARTICLE
330. Damage and obstruction to means of communication. — The
penalty of prision correccional in its medium and maximum periods
shall be imposed upon any person who shall damage any railway, telegraph
or telephone lines.

If
the damage shall result in any derailment of cars, collision or
other accident, the penalty of prision mayor shall be imposed, without
prejudice to the criminal liability of the offender for the other
consequences of his criminal act.

For
the purpose of the provisions of the article, the electric wires,
traction cables, signal system and other things pertaining to railways,
shall be deemed to constitute an integral part of a railway system.

ARTICLE
331. Destroying or damaging statues, public monuments or paintings.
— Any person who shall destroy or damage statues or any other
useful or ornamental public monument, shall suffer the penalty of
arresto mayor in its medium period to prision correccional in its
minimum period.

Any
person who shall destroy or damage any useful or ornamental painting
of a public nature shall suffer the penalty of arresto menor or
a fine not exceeding 200 pesos, or both such fine and imprisonment,
in the discretion of the court.

CHAPTER
TEN
Exemption from Criminal Liability in Crimes Against Property

ARTICLE
332. Persons exempt from criminal liability. — No criminal,
but only civil liability, shall result from the commission of the
crime of theft, swindling or malicious mischief committed or caused
mutually by the following persons:

1.
Spouses, ascendants and descendants, or relatives by affinity in
the same line.

2.
The widowed spouse with respect to the property which belonged to
the deceased spouse before the same shall have passed into the possession
of another; and

3.
Brothers and sisters and brothers-in-law and sisters-in- law, if
living together.
The exemption established by this article shall not be applicable
to strangers participating in the commission of the crime.

TITLE
ELEVEN
Crimes Against Chastity
CHAPTER ONE
Adultery and Concubinage

ARTICLE
333. Who are guilty of adultery. — Adultery is committed by
any married woman who shall have sexual intercourse with a man not
her husband and by the man who has carnal knowledge of her knowing
her to be married, even if the marriage be subsequently declared
void.

Adultery
shall be punished by prision correccional in its medium and maximum
periods.

If
the person guilty of adultery committed this offense while being
abandoned without justification by the offended spouse, the penalty
next lower in degree than that provided in the next preceding paragraph
shall be imposed.

ARTICLE
334. Concubinage. — Any husband who shall keep a mistress
in the conjugal dwelling, or shall have sexual intercourse, under
scandalous circumstances, with a woman who is not his wife, or shall
cohabit with her in any other place, shall be punished by prision
correccional in its minimum and medium periods.

The
concubine shall suffer the penalty of destierro.

CHAPTER
TWO
Rape and Acts of Lasciviousness

ARTICLE
335. When and how rape is committed. — Rape is committed by
having carnal knowledge of a woman under any of the following circumstances:

1.
By using force or intimidation;

2.
When the woman is deprived of reason or otherwise unconscious; and

3.
When the woman is under twelve years of age or is demented.

The
crime of rape shall be punished by reclusion perpetua.

Whenever
the crime of rape is committed with the use of a deadly weapon or
by two or more persons, the penalty shall be reclusion perpetua
to death.

When
by reason or on the occasion of the rape, the victim has become
insane, the penalty shall be death.

When
the rape is attempted or frustrated and a homicide is committed
by reason or on the occasion thereof, the penalty shall be reclusion
perpetua to death.

When
by reason or on the occasion of the rape, a homicide is committed,
the penalty shall be death. (As amended by Republic Act No. 2632,
approved June 18, 1960, and Republic Act No. 4111, approved June
20, 1964.)

The
death penalty shall also be imposed if the crime of rape is committed,
with any of the following attendant circumstances:

1.
When the victim is under eighteen (18) years of age and the offender
is a parent, ascendant, step-parent, guardian, relative by consanguinity
or affinity within the third civil degree, or the common-law spouse
of the parent of the victim.

2.
When the victim is under the custody of the police or military authorities.

3.
When the rape is committed in full view of the husband, parent,
any of the children or other relatives within the third degree of
consanguinity.

4.
When the victim is a religious or a child below seven (7) years
old.

5.
When the offender knows that he is afflicted with Acquired Immune
Deficiency Syndrome (AIDS) disease.

6.
When committed by any member of the Armed Forces of the Philippines
or the Philippine National Police or any law enforcement agency.

7.
When by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation. (As amended by Sec. 11, Republic
Act No. 7659.)

ARTICLE
336. Acts of lasciviousness. — Any person who shall commit
any act of lasciviousness upon other persons of either sex, under
any of the circumstances mentioned in the preceding article, shall
be punished by prision correccional.

CHAPTER
THREE
Seduction, Corruption of Minors, and White Slave Trade

ARTICLE
337. Qualified seduction. — The seduction of a virgin over
twelve years and under eighteen years of age, committed by any person
in public authority, priest, home-servant, domestic, guardian, teacher,
or any person who, in any capacity, shall be entrusted with the
education or custody of the woman seduced, shall be punished by
prision correccional in its minimum and medium periods.

The
penalty next higher in degree shall be imposed upon any person who
shall seduce his sister or descendant, whether or not she be a virgin
or over eighteen years of age.

Under
the provisions of this Chapter, seduction is committed when the
offender has carnal knowledge of any of the persons and under the
circumstances described herein.

ARTICLE
338. Simple seduction. — The seduction of a woman who is single
or a widow of good reputation, over twelve but under eighteen years
of age, committed by means of deceit, shall be punished by arresto
mayor.

ARTICLE
339. Acts of lasciviousness with the consent of the offended party.
— The penalty of arresto mayor shall be imposed to punish
any other acts of lasciviousness committed by the same persons and
the same circumstances as those provided in articles 337 and 338.

ARTICLE
340. Corruption of minors. — Any person who shall promote
or facilitate the prostitution or corruption of persons underage
to satisfy the lust of another, shall be punished by prision mayor,
and if the culprit is a public officer or employee, including those
in governmen owned or controlled corporations, he shall also suffer
the penalty of temporary absolute disqualification. (As amended
by Batas Pambansa Blg. 92, December 24, 1980.)

ARTICLE
341. White slave trade. — The penalty of prision mayor in
its medium and maximum periods shall be imposed upon any person
who, in any manner, or under any pretext, shall engage in the business
or shall profit by prostitution or shall enlist the services of
any other person for the purpose of prostitution (As amended by
Batas Pambansa Blg. 186, March 16, 1982.)

CHAPTER
FOUR
Abduction

ARTICLE
342. Forcible abduction. — The abduction of any woman against
her will and with lewd designs shall be punished by reclusion temporal.

The
same penalty shall be imposed in every case, if the female abducted
be under twelve years of age.

ARTICLE
343. Consented abduction. — The abduction of a virgin over
twelve years and under eighteen years of age, carried out with her
consent and with lewd designs, shall be punished by the penalty
of prision correccional in its minimum and medium periods.

CHAPTER
FIVE
Provisions Relative to the Preceding Chapters of Title Eleven

ARTICLE
344. Prosecution of the crimes of adultery, concubinage, seduction,
abduction, rape and acts of lasciviousness. — The crimes of
adultery and concubinage shall not be prosecuted except upon a complaint
filed by the offended spouse.

The
offended party cannot institute criminal prosecution without including
both the guilty parties, if they are both alive, nor, in any case,
if he shall have consented or pardoned the offenders.

The
offenses of seduction, abduction, rape or acts of lasciviousness,
shall not be prosecuted except upon a complaint filed by the offended
party or her parents, grandparents, or guardian, nor, in any case,
if the offender has been expressly pardoned by the above named persons,
as the case may be.

In
cases of seduction, abduction, acts of lasciviousness and rape,
the marriage of the offender with the offended party shall extinguish
the criminal action or remit the penalty already imposed upon him.
The provisions of this paragraph shall also be applicable to the
co-principals, accomplices and accessories after the fact of the
abovementioned crimes.

ARTICLE 345. Civil liability of persons guilty of crimes against
chastity. — Person guilty of rape, seduction or abduction,
shall also be sentenced:

1.
To indemnify the offended woman.

2.
To acknowledge the offspring, unless the law should prevent him
from so doing.

3.
In every case to support the offspring.

The
adulterer and the concubine in the case provided for in articles
333 and 334 may also be sentenced, in the same proceeding or in
a separate civil proceeding, to indemnify for damages caused to
the offended spouse.

ARTICLE
346. Liability of ascendants, guardians, teachers, or other persons
entrusted with the custody of the offended party. — The ascendants,
guardians, curators, teachers and any person who, by abuse of authority
or confidential relationships, shall cooperate as accomplices in
the perpetration of the crimes embraced in chapters, second, third
and fourth, of this title, shall be punished as principals.

Teachers
or other persons in any other capacity entrusted with the education
and guidance of youth, shall also suffer the penalty of temporary
special disqualification in its maximum period to perpetual special
disqualification.

Any
person falling within the terms of this article, and any other person
guilty of corruption of minors for the benefit of another, shall
be punished by special disqualification from filling the office
of guardian.

TITLE
TWELVE
Crimes Against the Civil Status of Persons
CHAPTER ONE

Simulation
of Births and Usurpation of Civil Status

ARTICLE 347. Simulation of births, substitution of one child for
another and concealment or abandonment of a legitimate child. —
The simulation of births and the substitution of one child for another
shall be punished by prision mayor and a fine of not exceeding 1,000
pesos.

The
same penalties shall be imposed upon any person who shall conceal
or abandon any legitimate child with intent to cause such child
to lose its civil status.

Any
physician or surgeon or public officer who, in violation of the
duties of his profession or office, shall cooperate in the execution
of any of the crimes mentioned in the two next preceding paragraphs,
shall suffer the penalties therein prescribed and also the penalty
of temporary special disqualification.

ARTICLE
348. Usurpation of civil status. — The penalty of prision
mayor shall be imposed upon any person who shall usurp the civil
status of another, should he do so for the purpose of defrauding
the offended party or his heirs; otherwise, otherwise, the penalty
of prision correccional in its medium and maximum periods shall
be imposed.

CHAPTER
TWO
Illegal Marriages

ARTICLE
349. Bigamy. — The penalty of prision mayor shall be imposed
upon any person who shall contract a second or subsequent marriage
before the former marriage has been legally dissolved, or before
the absent spouse has been declared presumptively dead by means
of a judgment rendered in the proper proceedings.

ARTICLE
350. Marriage contracted against provisions of laws. — The
penalty of prision correccional in its medium and maximum periods
shall be imposed upon any person who, without being included in
the provisions of the next proceeding article, shall have not been
complied with or that the marriage is in disregard of a legal impediment.

If
either of the contracting parties shall obtain the consent of the
other by means of violence, intimidation or fraud, he shall be punished
by the maximum period of the penalty provided in the next preceding
paragraph.

ARTICLE
351. Premature marriage. — Any widow who shall marry within
three hundred and one days from the date of the death of her husband,
or before having delivered if she shall have been pregnant at the
time of his death, shall be punished by arresto mayor and a fine
not exceeding 500 pesos.

The
same penalties shall be imposed upon any woman whose marriage shall
have been annulled or dissolved, if she shall marry before her delivery
or before the expiration of the period of three hundred and one
days after the legal separation.

ARTICLE
352. Performance of illegal marriage ceremony. — Priests or
ministers of any religious denomination or sect, or civil authorities
who shall perform or authorize any illegal marriage ceremony shall
be punished in accordance with the provisions of the Marriage Law.

TITLE
THIRTEEN
Crimes Against Honor
CHAPTER ONE
Libel
SECTION 1

Definitions,
forms, and punishment of this crime.

ARTICLE
353. Definition of libel. — A libel is public and malicious
imputation of a crime, or of a vice or defect, real or imaginary,
or any act, omission, condition, status, or circumstance tending
to cause the dishonor, discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is dead.

ARTICLE
354. Requirement for publicity. — Every defamatory imputation
is presumed to be malicious, even if it be true, if no good intention
and justifiable motive for making it is shown, except in the following
cases:

1.
A private communication made by any person to another in the performance
of any legal, moral or social duty; and

2.
A fair and true report, made in good faith, without any comments
or remarks, of any judicial, legislative or other official proceedings
which are not of confidential nature, or of any statement, report
or speech delivered in said proceedings, or of any other act performed
by public officers in the exercise of their functions.

ARTICLE
355. Libel by means writings or similar means. — A libel committed
by means of writing, printing, lithography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematographic exhibition, or
any similar means, shall be punished by prision correccional in
its minimum and medium periods or a fine ranging from 200 to 6,000
pesos, or both, in addition to the civil action which may be brought
by the offended party.

ARTICLE
356. Threatening to publish and offer to prevent such publication
for a compensation. — The penalty of arresto mayor or a fine
from 200 to 2,000 pesos, or both, shall be imposed upon any person
who threatens another to publish a libel concerning him or the parents,
spouse, child, or other members of the family of the latter, or
upon anyone who shall offer to prevent the publication of such libel
for a compensation or money consideration.

ARTICLE
357. Prohibited publication of acts referred to in the course of
official proceedings. — The penalty of arresto mayor or a
fine of from 200 to 2,000 pesos, or both, shall be imposed upon
any reporter, editor or manager of a newspaper, daily or magazine,
who shall publish facts connected with the private life of another
and offensive to the honor, virtue and reputation of said person,
even though said publication be made in connection with or under
the pretext that it is necessary in the narration of any judicial
or administrative proceedings wherein such facts have been mentioned.

ARTICLE
358. Slander. — Oral defamation shall be punished by arresto
mayor in its maximum period to prision correccional in its minimum
period if it is of a serious and insulting nature; otherwise the
penalty shall be arresto menor or a fine not exceeding 200 pesos.

ARTICLE
359. Slander by deed. — The penalty of arresto mayor in its
maximum period to prision correccional in its minimum period or
a fine ranging from 200 to 1,000 pesos shall be imposed upon any
person who shall perform any act not included and punished in this
title, which shall cast dishonor, discredit or contempt upon another
person. If said act is not of a serious nature, the penalty shall
be arresto menor or a fine not exceeding 200 pesos.

SECTION
2
General Provisions

ARTICLE
360. Persons responsible. — Any person who shall publish,
exhibit, or cause the publication or exhibition of any defamation
in writing or by similar means, shall be responsible for the same.

The
author or editor of a book or pamphlet, or the editor or business
manager of a daily newspaper, magazine or serial publication, shall
be responsible for the defamations contained therein to the same
extent as if he were the author thereof.

The
criminal and civil action for damages in cases of written defamations
as provided for in this chapter, shall be filed simultaneously or
separately with the Court of First Instance of the province or city
where the libelous article is printed and first published or where
any of the offended parties actually resides at the time of the
commission of the offense: Provided, however, That where one of
the offended parties is a public officer whose office is in the
City of Manila at the time of the commission of the offense, the
action shall be filed in the Court of First Instance of the City
of Manila or of the city or province where the libelous article
is printed and first published, and in case such public officer
does not hold office in the City of Manila, the action shall be
filed in the Court of First Instance of the province or city where
he held office at the time of the commission of the offense or where
the libelous article is printed and first published and in case
one of the offended parties is a private individual, the action
shall be filed in the Court of First Instance of the province or
city where he actually resides at the time of the commission of
the offense or where the libelous matter is printed and first published:
Provided, further, That the civil action shall be filed in the same
court where the criminal action is filed and vice versa: Provided,
furthermore, That the court where the criminal action or civil action
for damages is first filed, shall acquire jurisdiction to the exclusion
of other courts: And provided, finally, That this amendment shall
not apply to cases of written defamations, the civil and/or criminal
actions which have been filed in court at the time of the effectivity
of this law.

Preliminary
investigation of criminal action for written defamations as provided
for in the chapter shall be conducted by the provincial or city
fiscal of the province or city, or by the municipal court of the
city or capital of the province where such actions may be instituted
in accordance with the provisions of this article.

No
criminal action for defamation which consists in the imputation
of a crime which cannot be prosecuted de oficio shall be brought
except at the instance of and upon complaint expressly filed by
the offended party. (As amended by Republic Act No. 1289, approved
June 15, 1955, and Republic Act No. 4363, approved June 19, 1965.)

SECTION
2. If any section or sections of this Act (RA 4363) shall be declared
unconstitutional or invalid it shall not invalidate the other sections
hereof.

SECTION
3. This Act (4363) shall take effect only if and when, within thirty
days from its approval, the newspapermen in the Philippines shall
organize, and elect the members of, a Philippine Press Council,
a private agency of the said newspapermen, whose function shall
be to promulgate a Code of Ethics for them and the Philippines press,
investigate violations thereof, and censure any newspaperman or
newspaper guilty of any violation of the said Code, and the fact
that such Philippine Press Council has been organized and its members
have been duly elected in accordance herewith shall be ascertained
and proclaimed by the President of the Philippines.

ARTICLE
361. Proof of the truth. — In every criminal prosecution for
libel, the truth may be given in evidence to the court and if it
appears that the matter charged as libelous is true, and, moreover,
that it was published with good motives and for justifiable ends,
the defendants shall be acquitted.

Proof
of the truth of an imputation of an act or omission not constituting
a crime shall not be admitted, unless the imputation shall have
been made against Government employees with respect to facts related
to the discharge of their official duties.

In
such cases if the defendant proves the truth of the imputation made
by him, he shall be acquitted.

ARTICLE
362. Libelous remarks. — Libelous remarks or comments connected
with the matter privileged under the provisions of article 354,
if made with malice, shall not exempt the author thereof nor the
editor or managing editor of a newspaper from criminal liability.

CHAPTER
TWO
Incriminatory Machinations

ARTICLE
363. Incriminating innocent person. — Any person who, by any
act not constituting perjury, shall directly incriminate or impute
to an innocent person the commission of a crime, shall be punished
by arresto mayor.

ARTICLE
364. Intriguing against honor. — The penalty of arresto menor
or fine not exceeding 200 pesos shall be imposed for any intrigue
which has for its principal purpose to blemish the honor or reputation
of a person.

TITLE
FOURTEEN
Quasi Offenses
SOLE CHAPTER
Criminal Negligence

ARTICLE
365. Imprudence and negligence. — Any person who, by reckless
imprudence, shall commit any act which, had it been intentional,
would constitute a grave felony, shall suffer the penalty of arresto
mayor in its maximum period to prision correccional in its medium
period; if it would have constituted a less grave felony, the penalty
of arresto mayor in its minimum and medium periods shall be imposed;
if it would have constituted a light felony, the penalty of arresto
menor in its maximum period shall be imposed.

Any person who, by simple imprudence or negligence, shall commit
an act which would otherwise constitute a grave felony, shall suffer
the penalty of arresto mayor in its medium and maximum periods;
if it would have constituted a less serious felony, the penalty
of arresto mayor in its minimum period shall be imposed.

When
the execution of the act covered by this article shall have only
resulted in damage to the property of another, the offender shall
be punished by a fine ranging from an amount equal to the value
of said damages to three times such value, but which shall in no
case be less than 25 pesos.

A fine
not exceeding 200 pesos and censure shall be imposed upon any person
who, by simple imprudence or negligence, shall cause some wrong
which, if done maliciously, would have constituted a light felony.

In
the imposition of these penalties, the court shall exercise their
sound discretion, without regard to the rules prescribed in article
64.

The
provisions contained in this article shall not be applicable:

1.
When the penalty provided for the offense is equal to or lower than
those provided in the first two paragraphs of this article, in which
case the court shall impose the penalty next lower in degree than
that which should be imposed in the period which they may deem proper
to apply.

2.
When, by imprudence or negligence and with violation of the Automobile
Law (Act No. 3992), the death of a person shall be caused, in which
case the defendant shall be punished by prision correccional in
its medium and maximum periods.

Reckless
imprudence consists in voluntary, but without malice, doing or falling
to do an act from which material damage results by reason of inexcusable
lack of precaution on the part of the person performing or failing
to perform such act, taking into consideration his employment or
occupation, degree of intelligence, physical condition and other
circumstances regarding persons, time and place.

Simple
imprudence consists in the lack of precaution displayed in those
cases in which the damage impending to be caused is not immediate
nor the danger clearly manifest.

The
penalty next higher in degree to those provided for in this article
shall be imposed upon the offender who fails to lend on the spot
to the injured parties such help as may be in his hands to give.
(As amended by Republic Acts Nos. 384 and, 1790, approved June 21,
1957.)

TITLE
FIFTEEN
Final Provisions

ARTICLE
366. Application of laws enacted prior to this Code. — Without
prejudice to the provisions contained in article 22 of this Code,
felonies and misdemeanors, committed prior to the date of effectiveness
of this Code shall be punished in accordance with the Code or Acts
in force at the time of their commission.

23.
Act No. 2549. — Act prohibiting the forcing, compelling, or
obliging of any laborer or other employee to purchase merchandise,
commodities, or personal property under certain conditions, and
the payment of wages of a laborer or employee by means of tokens
or objects other than legal tender currency, covered by Article
283, and also by Com. Act No. 303 and the Minimum Wage Law, Rep.
Act No. 602, now covered by Labor Code, PD 442, as amended.